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1. The Defendant shall pay to the Plaintiff KRW 100,440,046 as well as 25% per annum from November 24, 2017 to the date of full payment.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. 1) While the Defendant borrowed money from the Plaintiff several times, on August 9, 2017, the Defendant entered into a monetary loan agreement with the Plaintiff on each of the terms of KRW 200 million per annum, interest rate of KRW 27.3% per annum, and maximum six months per maturity ( February 8, 2018), and borrowed KRW 200 million from the Plaintiff (hereinafter “the instant loan”).
(2) The Defendant paid to the Plaintiff the sum of KRW 100,000,000 as indicated on the date indicated below as of the date of the instant loan repayment. The said repayment shall be appropriated in repayment in the order of repayment of the principal and interest pursuant to Article 479 of the Civil Act, and the interest rate shall be 25% per annum, which is the interest rate stipulated in Article 2(1) of the Interest Limitation Act. The Defendant’s obligation to the Plaintiff for the instant loan to the Plaintiff shall remain 100,440,046 won per annum as of November 23, 2017, which is the final date of repayment as indicated below.
[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings
B. According to the facts found above, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the interest of KRW 200 million on the principal 1) KRW 3,013,698 [20 million x 0.25 x 22 days (24 days from August 9, 2017 to September 1, 2017, or the Plaintiff calculated as 22 days) ± 365 days from the date following the date of final repayment of the instant loan principal 100,40,046 and the date following the date of final repayment of the said loan 10,000 won to November 24, 2017.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the Defendant: (a) paid to the Plaintiff the sum of KRW 110 million for the repayment of the instant loan; (b) KRW 20 million on July 6, 2017; (c) KRW 25 million on July 7, 2017; (d) KRW 60 million on July 27, 2017; and (e) KRW 150 million on July 28, 2017; and (e) paid the Plaintiff the sum of KRW 120 million on a total of KRW 230,000,000,000 on the basis of the repayment of the instant loan; and (e) said sum paid KRW 20 million on the principal of the instant loan.