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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) from January 7, 2015 on KRW 12,995,554 and KRW 10,40,00 among them.
Reasons
1. Demand for principal lawsuit:
A. The Plaintiff’s assertion that the Defendant borrowed KRW 50 million from the Plaintiff at a rate of 30% per annum, but the Defendant paid KRW 39.6 million out of the principal. As such, the Defendant is obliged to pay the Plaintiff the statutory interest on the remainder of KRW 15,497,014 and the interest on KRW 15,897,014 from February 28, 2012 to January 1, 2015, and the remainder of KRW 25,897,014.
B. Fact-finding 1) The Plaintiff lent KRW 50 million to the Defendant around February 2012 (hereinafter “instant loan”).
(2) In order to repay the instant loan to the Plaintiff, the Defendant paid KRW 39 million in total,00,000 to the Plaintiff on May 9, 2012, KRW 10 million on September 6, 2012, KRW 10 million on May 28, 2014, KRW 600,000 on May 30, 2014, KRW 200,000 on January 2, 2015, and KRW 1 million on January 6, 2015.
3) On March 30, 2012, the Defendant prepared and issued to the Plaintiff a certificate of borrowing (Evidence No. 5) that the Defendant borrowed KRW 30 million from March 30, 2012 (Evidence No. 5). ② “The principal of the loan, which has been liquidated for all things as of September 23, 2013, is KRW 15 million, and the interest shall be calculated later in conscientious terms,” and ③ written a certificate (Evidence No. 7) to the effect that the Defendant would repay the loan even during each month from May 2014 (Evidence No. 7)
C. 1) According to the existence and content of the obligation to pay interest and the above fact-finding, the Defendant’s payment of interest on the instant loan can be acknowledged. However, there is insufficient evidence to acknowledge that the Plaintiff and the Defendant constituted an agreement between the Plaintiff and the Defendant at a rate of 30% per annum, and there is no other evidence to acknowledge this. However, the purport of the agreement on the claim for the payment of interest on the loan is also included in the purport of seeking legal interest (see, e.g., Supreme Court Decision 73072, Mar. 15, 2007).