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1. As to the Plaintiff KRW 20,000,000 and its KRW 10,000 among them, the Defendant shall start on August 23, 201, and the remainder 10,000.
Reasons
1. The Plaintiff asserted that the Plaintiff lent KRW 10,000,000 to the Defendant on February 23, 2010, and KRW 10,000,000 on March 22, 2010, respectively, and received a promissory note in lieu of the loan certificate.
In addition, the Plaintiff loaned KRW 600,000 to the Defendant on August 23, 2010, and deducted KRW 3,000,000 as a prior interest. On May 8, 2010, the Plaintiff loaned KRW 10,000,000 on August 5, 2010, KRW 5,500,000 on February 22, 2011, KRW 10,000 on March 31, 201, KRW 20,000 on May 20, 201, and KRW 8,000 on August 23, 201, respectively.
Since the Defendant agreed to pay interest at an annual rate of 36% on each of the above loans to the Plaintiff, the Defendant is obligated to pay the Plaintiff the total amount of KRW 90,500,000 as well as damages for delay calculated by the rate of 30% per annum as stipulated in the Interest Limitation Act from August 23, 2011 to the date of full payment.
2. According to the reasoning of the judgment below, Gap evidence Nos. 1-1, and evidence Nos. 2-1, it is recognized that the defendant issued and delivered to the plaintiff a promissory note with the face value of 10,000,000 won, the issue date of February 23, 2010, the payment date of which is December 23, 2010, the promissory note and face value of 10,000,000 won, the issue date of which is March 22, 2010, and December 23, 2011.
According to the above facts, since each of the above promissory notes is deemed to have been made out as a loan certificate, the defendant is obligated to pay to the plaintiff the amount of KRW 20,000,000 and the amount of KRW 10,000,000 from August 23, 201 as requested by the plaintiff after the date of payment, and as for the remaining KRW 10,000,000 from December 24, 201 to January 17, 2015, the delivery date of a copy of the complaint of this case, the amount of KRW 5% per annum as stipulated in the Civil Act, from January 17, 2015, and damages for delay calculated at 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment
The plaintiff asserts that he agreed to pay interest at the rate of 36% per annum on each of the above loans, but there is no evidence to acknowledge it, and there is a duplicate of the complaint from the date of each payment.