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1. As to the Plaintiff KRW 103,133,408 and its KRW 100,000 among them, the Defendant shall start on April 28, 2016, and the remainder 3,13.
Reasons
1. Facts of recognition;
A. The Plaintiff received a loan of KRW 100 million in the name of the Plaintiff between the Defendant and the Defendant, who was smaller than the beginning of 2011, and lent the loan to the Defendant, but the Defendant decided to pay the principal and interest of the loan.
B. Accordingly, on April 15, 201, the Plaintiff obtained a loan of KRW 100 million from a new bank (hereinafter “new bank”) on April 18, 2021, setting the expiration date of the loan as April 18, 2021. As a security for the loan, the Plaintiff created a right to collateral security (right to collateral security), which is 120,000,000, for real estate owned by the Plaintiff.
C. The Defendant transferred KRW 90 million out of the above KRW 100 million paid to the new bank account opened in the name of the Plaintiff to the Defendant’s account, and left the remaining KRW 10 million in the said new bank account for interest payment. D.
From March 2015, the Defendant did not pay interest on the said KRW 100 million. Accordingly, the Plaintiff paid the principal and interest on June 15, 2016 on behalf of the Plaintiff, and the Plaintiff repaid all principal and interest on behalf of the Plaintiff. The principal and interest on loans repaid by the Plaintiff on behalf of the Plaintiff is KRW 100 million, total of KRW 3,326,030 (3,133,408).
[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings
2. According to the above facts of recognition, the plaintiff lent KRW 100 million to the defendant without the agreement of the due date, and the defendant also suffered damages on behalf of the plaintiff in violation of the agreement to pay interest on the above loan.
Therefore, with respect to KRW 103,133,408, including KRW 3,133,408, among the above loans 100 million and the interest repaid by the Plaintiff on behalf of the Plaintiff, and KRW 100 million among the loans, the Defendant is 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 30, 2016 to the date following the delivery of a copy of the complaint of this case, with respect to KRW 3,13,408, which is the day following the delivery of a copy of the complaint of this case.