beta
Text
1. The Defendant’s KRW 26,537,179 as well as 6% per annum from May 13, 2014 to July 8, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff agreed to lend KRW 20 million to the Defendant on March 4, 2008 and to repay the amount up to March 4, 2010.
(hereinafter referred to as "the first loan of this case"). B.
The Plaintiff agreed to lend KRW 30 million to the Defendant on June 22, 2009 and to repay on June 22, 2011.
(hereinafter, this case’s second loan). C.
The Defendant and the Defendant’s ASEAN delivered KRW 4,8150,000 to the Plaintiff’s mother D by account transfer or by cash payment for 74 times from April 4, 2008 to May 12, 2014, as indicated in the attached repayment amount.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3 and 4, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion 1) The plaintiff asserts that the plaintiff should pay 24% interest or delay damages per annum to the defendant who operated money exchange business from May 13, 2014, which is the day following the last interest payment date to the day of full payment, although the plaintiff lent 50 million won per annum to the defendant who operated money exchange business, considering the defendant's position, the interest was reduced to pay 80 million won per month for the total amount of the leased principal, but the defendant continued to pay the interest without paying the principal until May 12, 2014, and thereafter all principal and interest are overdue. Thus, the defendant asserts that the plaintiff should pay 50 million won interest or delay damages per annum to the plaintiff from May 13, 2014 to the day of full payment.2) The defendant's argument that the plaintiff and the defendant did not have any interest payment at the time of the second loan agreement, and that the defendant already repaid the principal to the plaintiff under the name of 50 million won in installments.
B. 1) We examine whether there was an interest agreement of 2% per month at the time of the first lease, and according to the above evidence, the Defendant’s loan certificate (No. 1 No. 1) written by the Plaintiff.