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The defendant paid KRW 26,00,000 to the plaintiff and 5% per annum from May 15, 2019 to October 4, 2019.
Reasons
Comprehensively taking account of the purport of the entire pleadings in the statement No. 3, the Plaintiff leased KRW 26,00,000 to the Defendant on August 18, 2017.
According to the above facts of recognition, the defendant is obligated to pay the above loan 26,000,000 won to the plaintiff and damages for delay, unless there are special circumstances.
Furthermore, if the Plaintiff agreed with the Defendant as 6% per month on the interest rate of the instant loan, the Plaintiff sought payment of the agreed interest rate of 25% per annum, which is the highest interest rate under the Interest Limitation Act, but as to the fact that the Plaintiff agreed to the interest rate of the instant loan as 6% per month as above, there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.
(B) The Plaintiff’s claim for the payment of the agreed interest by asserting that there was a loan for consumption and loan between the Defendant and the Defendant is difficult to specify the interest amount among the funds that the Defendant paid to the Plaintiff after the loan of this case, and it is difficult to recognize that there was an agreement between the Plaintiff and the Defendant on the interest rate of 6% per month on the loan of this case, since it is not clear in the calculation of the interest rate depending on the difference in the amount paid. However, the purport of the Plaintiff’s claim for the payment of the agreed interest is to include the claim for payment of the agreed interest under the Civil Act even if the agreed interest
Therefore, the Defendant is obligated to pay interest or delay damages at the rate of 5% per annum as stipulated by the Civil Act from May 15, 2019 to October 4, 2019, the delivery date of a copy of the complaint of this case, which is the date of delivery of a copy of the complaint of this case, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.