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1. The Defendant’s KRW 34,00,000 as well as 15% per annum from February 19, 2019 to May 31, 2019 to the Plaintiff.
Reasons
1. The plaintiff's assertion that the defendant would pay KRW 10,000,000 to the defendant's wife C with interest of KRW 2% per month. The plaintiff lent KRW 10,000 to the defendant on April 6, 2007, and the defendant did not pay this.
Therefore, the Defendant sought payment of the principal amounting to KRW 10,00,000 and interest KRW 28,400,000 for 142 months from April 6, 2007 to February 5, 2019 (i.e., KRW 200,000 per month x 142 months) and damages for delay.
2. According to the statement in Gap evidence No. 1, it is recognized that the defendant prepared to the plaintiff a certificate of borrowing KRW 10,000,000 on February 3, 2009 with the purport that the defendant borrowed the above money as interest of KRW 2% on February 3, 2009. Thus, the defendant is recognized to have borrowed the above money from the plaintiff without fixing the due date as the above agreement.
Therefore, since the above debt of the defendant is a debt with no fixed maturity and the copy of the complaint of this case reached the due date as the plaintiff served on the defendant, the defendant is obligated to return the principal amount of KRW 10,000,000 to the plaintiff.
In addition, according to the above agreement, the defendant is obligated to pay to the plaintiff 2% interest per month from February 3, 2009.
However, there is no evidence to support that the Plaintiff lent the above money to April 6, 2007, rather than February 3, 2009, and there is no evidence to support that the Plaintiff borrowed the above money. Therefore, the part seeking interest payment from April 6, 2007 to February 2, 2009 is without merit.
Therefore, the Defendant’s principal amounting to KRW 10,00,000 and KRW 24,00,000 (i.e., KRW 200,000 per month x 120 months x 120 months) from February 3, 2009 to February 2, 2019, and as sought by the Plaintiff, the Defendant’s statutory interest rate of KRW 34,00,00 per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 19, 2019 to May 31, 2019; and KRW 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).