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1. The Defendant’s annual interest in KRW 35,929,586 and KRW 34,165,582 among the Plaintiff, from August 23, 2017 to February 8, 2018.
Reasons
1. On June 8, 2015, the Plaintiff was obligated to pay the Plaintiff the remainder of the amount calculated by deducting the principal amount of KRW 35,000,000,000,00 (hereinafter “the instant loan”) from the loan of this case from the Plaintiff, and the damages for delay therefrom, as there is no dispute between the parties as to the fact that the Plaintiff leased the instant loan at an annual interest rate of KRW 6,00,000 to the Defendant on June 8, 2015 (hereinafter “instant loan”).
2. As to the determination of the Defendant’s assertion, the Defendant asserts to the effect that since the Defendant paid a multiple amount of money under the pretext of interest in addition to the repayment of the principal amount of KRW 35,00,000 on August 30, 2016, the amount should be reduced.
The Defendant paid KRW 5,00,00 on August 30, 2016 as the principal repayment of the instant loan, and KRW 420,000 on June 8, 2016 as interest, and KRW 5,040,00 on July 8, 2016, KRW 520,000 on August 30, 2016, KRW 529,000 on August 30, 2016, and KRW 241,00 on August 22, 2017, each of the items in subparagraph 2, subparagraph 1, and all of the arguments in subparagraph 1, are recognized. If the Defendant’s repayment of the amount repaid by the Defendant pursuant to the above recognition was made in sequence, the Defendant’s total amount of the instant loan is KRW 35,00,000 on August 22, 2017, the interest payment of KRW 35,064,5615,5864,567
(A) The Plaintiff asserted that the Defendant agreed to pay interest on the instant loan at a rate of 10% per annum from September 1, 2016, but there is no evidence to acknowledge the agreement. Therefore, as to the Plaintiff’s total amount of the instant loan amounting to KRW 35,929,586 and the principal amounting to KRW 34,165,582, the following day of the payment of interest, which is the last day of the payment of interest, dispute over the existence and scope of the Defendant’s obligation to pay interest on the instant loan from August 23, 2017 to February 8, 2018, which is the date of this decision, the agreement rate of KRW 6% per annum, and the following day to the date of full payment.