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1. The defendant shall pay 42,00,000 won to the plaintiff and 12% per annum from September 7, 2019 to the day of complete payment.
Reasons
Party’s argument
A. The Plaintiff loaned the amount of KRW 40 million to the Defendant at the rate of KRW 50 million per month and the maturity for payment has arrived at the present time. Within each limit of 25% per annum until February 7, 2018, which is the highest interest rate under the Interest Limitation Act, and 24% per annum from the next day, the total amount of the remaining principal and remaining interest shall exceed KRW 42 million even if the amount is appropriated in the order of the original.
Therefore, the defendant is obligated to pay 42 million won and damages for delay, which are part of the total sum of the remaining principal and interest of the loan.
B. The defendant merely received an investment from the plaintiff and did not borrow money.
The defendant paid to the plaintiff the amount of KRW 13 million as investment profit and KRW 30 million as principal repayment.
Facts of recognition
[Reasons for Recognition: (a) the Plaintiff loaned to the Defendant a total of KRW 40 million on two occasions as follows, and the interest is paid 5% per month from the Defendant.
On October 15, 2014, October 19, 2014, the first repayment period of the leased principal of KRW 20,000,000,000,000 on the leased principal on November 19, 2014, which was extended on October 19, 2016, and on October 15, 2016, the due date extended on October 19, 2016, paid to the Plaintiff a total of KRW 43 million on April 30, 2017 with respect to the repayment of the principal and interest of each of the above loans.
According to the following: (a) on March 4, 2015, June 10, 2015: (b) on February 6, 2016, January 3, 2017, 2017; (c) on July 31, 2017, 200 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000, 2,000,000,000 or 00,000 on October 10, 200, 200; and (d) on May 18, 2018, the Defendant asserted that only the Plaintiff sought on May 10, 205, 200,000 won on October 10, 2005; and (e) on May 18, 2018, 2018.