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1. The Defendant’s KRW 298,148,633 as well as 5% per annum from March 3, 2017 to October 20, 2017 to the Plaintiff.
Reasons
1. The Plaintiff’s basic facts amounting to KRW 30,00,000 on December 27, 201, KRW 80,000 on January 25, 2011, KRW 15,000 on January 31, 2011, KRW 20,000 on February 6, 201, KRW 20,000 on February 11, 201, and KRW 20,000 on February 27, 200, KRW 20,000 on February 27, 2011, KRW 150,000 on March 10, 200, KRW 00 on March 10, 201; and KRW 30,07,00 on March 10, 200, KRW 300 on loan to the Defendant’s 10,000 on March 10, 2011.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff leased KRW 336,00,000 to the Defendant from December 17, 2010 to March 10, 201, and thus, the Plaintiff is obligated to pay KRW 336,00,000 to the Defendant and delay damages therefrom.
B. The Defendant’s assertion that: (a) from July 2010 to March 10, 201, the Plaintiff paid 580,000,000 won to the Plaintiff at a rate of 10% per month; and (b) during the loan, the Defendant paid 244,00,000 won with the principal and interest of 80,000,000 won; and (c) thus, the Defendant was obligated to pay 336,00,000 won to the Plaintiff.
Of KRW 80,00,000 paid as interest to the Plaintiff, the portion paid in excess of the maximum interest rate under the Interest Limitation Act shall be appropriated for the principal of the instant loan in accordance with the Interest Limitation Act.
3. Determination
A. The Plaintiff’s loan to the Defendant amounting to KRW 336,00,000 as seen earlier.
B. Defendant’s assertion 1) The Defendant asserted that: (a) borrowed KRW 580,00,00 from July 3, 201 to March 10, 201; (b) paid KRW 244,00,000 and interest KRW 80,000 among them; (c) however, there is no evidence to acknowledge this; (d) rather, the Plaintiff is the Plaintiff as indicated in the “loan” and the “Payment” column in the attached Table from September 3, 201 to January 14, 201; and (e) lent KRW 123,80,000 in total to the Defendant from November 3, 201 to February 14, 2011; and (e) received KRW 148,50,000 as principal and interest from the Defendant as the principal and interest thereon.