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1. The obligation of the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff) shall not exceed the amount set forth in the following 2.
Reasons
1. Facts of recognition - The Plaintiff borrowed 5 million won from the Defendant on August 28, 2007 by setting the rate of 49% per annum and the due date of repayment on December 2, 2007.
(hereinafter “the loan of this case”). - The plaintiff is recognized to have paid each amount of appropriation to the defendant on the date of satisfaction of each of the annexed annexed Table of appropriation for payment to the defendant and repaid it (the defendant is the person who received payment from each plaintiff on September 30, 2007 and October 125, 31 of the same year) / [the grounds for recognition] without dispute, Eul's statements in subparagraphs 1 through 9, and the purport prior to pleadings.
2. The assertion and judgment
A. In regard to the assertion that the Plaintiff claimed that the Defendant paid the interest and principal of the instant loan to the Defendant, the Defendant sought payment of the interest and principal of the said loan.
B. We examine the following facts: (a) the Plaintiff paid each amount of appropriation to the Defendant on the date of satisfaction of each obligation on the annexed sheet for satisfaction of obligation to the Defendant; (b) there is no evidence to acknowledge that the Plaintiff and the Defendant agreed to appropriate the repayment to the principal of the loan; and (c) the principal amount of the loan as of September 21, 2017, as of September 21, 2017, would remain 3,80,056,819 (the Defendant’s interest rate shall be 30% per annum for the interest up to July 14, 2014 within the limit of the agreement with the limitation of interest rate; and (d) for the interest thereafter, 25% per annum for the subsequent interest rate shall be calculated on July 14, 2014. The Plaintiff calculated the annual repayment rate of KRW 200,000 on July 11, 2014; and (e) calculated on July 25, 2014 as the annual repayment rate of obligation.
3. According to the conclusion, the Plaintiff’s interest rate of KRW 7,856,882 in total and KRW 3,800,063 in principal among the principal and KRW 7,856,882 in total to the Defendant, which is 25% per annum from September 22, 2017 to the date of full payment.