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1. The Defendant shall pay to the Plaintiff KRW 38,993,738 and the interest rate of KRW 15% per annum from August 5, 2017 to the date of complete payment.
Reasons
1. Basic facts
A. On August 30, 2013, the Defendant borrowed KRW 20,000,00 from the Plaintiff, and on May 15, 2017, drafted and concluded an agreement on loans with the intent to repay the said loan to the Plaintiff by May 30, 2017 (hereinafter “Agreement on Loans”).
B. While the Defendant was supplied with motor vehicle parts, etc. from the early December 2, 2015 to May 2, 2017 by the Plaintiff, the Defendant failed to pay KRW 18,93,738 out of the price of the goods.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 5, 3-1 to 10, and the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the above loan amount of KRW 20 million, KRW 18,993,738, the total sum of KRW 38,993,738, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from August 5, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.
B. As to the Defendant’s assertion and its determination 1), the Defendant first asserted to the effect that, although the Defendant borrowed KRW 20,00,000 from the Plaintiff and agreed on May 15, 2018, the Plaintiff made and issued the instant loan agreement with the due date on May 30, 2017, which was made on May 30, 2017. However, as long as the Defendant made and made the instant loan agreement, it is difficult to deem that the Plaintiff’s claim under the said agreement is unreasonable, the Defendant’s argument is without merit. 2) The Defendant asserted to the effect that it was unfair to suspend the transaction of supplying goods and file the instant lawsuit, even if the Defendant received the automobile parts from the Plaintiff and paid part of the goods. However, the Defendant failed to pay the goods properly.