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1. The defendant shall pay to the plaintiff the amount of KRW 145,614,216 and KRW 134,143,749 among them, from August 9, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 10, 2012, the Plaintiff loaned the amount of KRW 167,40,000,000, totaling KRW 9 million to the Defendant on May 15, 2012, KRW 167,400,00 per annum, 5.3% per annum, the due date for payment, August 31, 2012, and KRW 15.3% per annum, and the Plaintiff received a loan (A) certificate from the Defendant.
B. From June 15, 2012 to December 15, 2015, the Plaintiff received KRW 850,000 from the Defendant as interest before and after every 15th day of December, 2015. The Plaintiff received KRW 5 million on July 26, 2012, KRW 3 million on September 26, 2012, KRW 350,000 on February 9, 2015, KRW 16,00,000 on December 16, 2015, KRW 10,000 on December 23, 2015, and KRW 10,000 on December 24, 2015, KRW 451,500 on December 35, 2016.
When calculating the above amount by appropriating it in the order of interest and principal in sequence, the principal and interest as of August 8, 2016 shall be KRW 145,614,216 (interest KRW 134,143,749 as of August 8, 2016).
[Calculation Convenience: (a) the sum of KRW 3,3150,00 for 39 months from October 15, 2012 to December 15, 2015 (i.e., KRW 8.50,000 x 39) and KRW 3,00,000 on September 26, 2012; and (b) KRW 3,965,000 on February 9, 2015 is calculated as having been paid at once on December 15, 2015; and (c) the same amount was calculated as having been paid at once from January 15, 2012 to December 15, 2015; and (d) the amount was calculated as having been paid at KRW 1,35,00,000 per month from January 3, 2016 to December 15. All of the above amounts was appropriated for the interest; (c) there is no difference in the time when the interest was paid].
2. According to the facts alleged in the grounds of appeal and determination, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum as claimed by the Plaintiff, from August 9, 2016, to the date of full payment, with respect to KRW 134,143,749 of the principal and interest of the loan and the principal of KRW 145,614,216, among the principal and interest of the loan, to the Plaintiff.
The defendant asserts that the above 167,400,000 won received from the plaintiff is not a loan, but a loan.