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1. The defendant shall pay to the plaintiff KRW 150,00,000 and KRW 70,000 among them, from May 12, 2018 to the date of full payment.
Reasons
1. On January 2, 2017, the Plaintiff leased KRW 70 million to the Defendant on January 2, 2017, with the interest rate of KRW 2% per month and on February 11, 2017. The fact that the maturity was extended on May 11, 2018 is no dispute between the parties, and the Plaintiff was paid interest from the Defendant until May 11, 2018.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70 million and damages for delay calculated at the rate of 24% per annum under the agreement from May 12, 2018 to the date of full payment, which is the day following the date of final payment of interest.
2. Amount of remittance of 80 million won on March 29, 2017;
A. The fact that the Plaintiff, at the Defendant’s request, remitted the said remittance amounting to KRW 80 million to C’s account on March 29, 2017 (hereinafter “instant remittance”) is no dispute between the parties.
The Plaintiff asserts that the remittance of this case was leased to the Defendant, and the Defendant asserted that the remittance of this case was not a loan, but an investment for the agricultural products distribution business in the method of lump sum sale, and that the amount of investment remains entirely in the business failure, and thus, the Plaintiff cannot respond to the Plaintiff’s claim.
Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1-2 and 2-2, and evidence No. 5, the defendant prepared a document (Evidence No. 1-2) stating that “the defendant borrowed from the plaintiff on March 29, 2017 and decided to repay the principal and interest KRW 1.6 million until April 30, 2017,” ② the plaintiff received the payment of interest of KRW 1.6 million at the due date, but failed to pay the principal, and ③ the defendant exempted the payment of interest until December 3, 2017 at the request of the defendant on the ground of business failure around August 2017, 201; ③ the defendant re-written evidence No. 1. 1600, Jan. 3, 2018.