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1. The Defendant: 206,300 won to the Plaintiff, and 6% per annum from November 15, 2014 to January 13, 2015, and January 14, 2015 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The fact that the Defendant: (a) borrowed KRW 30,00,000 from the Plaintiff on February 14, 2014; (b) paid interest at the rate of 0.5% (6%) per annum; and (c) agreed to repay the said borrowed money by July 15, 2014 (hereinafter “the instant borrowed money”); or (d) can be acknowledged by taking into account the entire purport of the pleadings as a whole.
B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 30,000,000 won of the instant loan and the rate of 6% per annum, which is the agreed interest rate, from February 15, 2014 to October 23, 2014 (the delivery date of the instant complaint), and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 24, 2014 to the day of full payment.
The defendant asserts that the loan amount of this case is not an obligation due to commercial activities, but an annual interest rate of 5% as stipulated in the Civil Act, not an annual interest rate of 6% as stipulated in the Commercial Act. However, as seen above, 6% per annum as applicable to this case is not an interest rate under the Commercial Act, but an agreed interest rate between the parties. Thus, the defendant
2. The fact that the Defendant’s judgment on the Defendant’s defense of repayment deposit deposit deposit deposit deposit deposit deposit made the Plaintiff as the principal on November 14, 2014 and deposited the Plaintiff at the rate of 31,393,151 won ( = interest calculated at the rate of 5% per annum from February 15, 2014 to October 23, 2014, KRW 1,031,507, KRW 361,644, which is calculated at the rate of 20% per annum from October 24, 2014 to November 14, 2014) may be acknowledged as either a dispute between the parties or by the purport of the entire pleadings.
However, when the Defendant calculates the amount to be repaid pursuant to paragraph (1), KRW 31,59,451 = Principal = KRW 30,000,000 from February 15, 2014 to October 23, 2014: interest KRW 1,237,808 calculated at the rate of 20% per annum from October 24, 2014 to November 14, 2014.