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1. The Defendant’s KRW 68,665,632 as well as the Plaintiff’s KRW 5% per annum from October 29, 2015 to May 31, 2016.
Reasons
1. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) The Plaintiff lent to the Defendant a total of KRW 30 million on August 30, 2013, and KRW 80 million on December 12, 2013. 2) As the Defendant agreed to pay the Plaintiff interest on the above loan, the sum of KRW 30 million indicated in the “paid amount” column in the attached Table paid by the Defendant is appropriated for the repayment of interest on the above loan.
3) Therefore, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 80 million and delay damages therefor. (B) The Defendant’s assertion 1) borrowed the Plaintiff’s total sum of KRW 29 million on August 30, 2013, and KRW 77 million on December 12, 2013 without an agreement. Since the Defendant paid the Plaintiff a total of KRW 33 million, the Plaintiff’s loan remains only 44 million.
2) The agreed interest rate on the Plaintiff’s assertion is null and void in violation of the Interest Limitation Act. 3) On October 26, 2015, 2015, after the instant lawsuit was filed, the Plaintiff agreed to fully repay 4 million won out of the balance of the Defendant and the said loan 44 million won, and the remainder of 40 million won by dividing 500,000 won to one million won per month.
2. Determination:
A. According to the following circumstances acknowledged by adding the whole purport of pleadings to each statement in Gap 1 through 3, 6, and Eul 1 (including household numbers; hereinafter the same shall apply) as to whether a lease amount and interest agreement exists, the plaintiff loaned 1.5 million won per month interest (40% per annum 30 million won x 40% x 12 months x 1.1 million won per annum) to the defendant on August 30, 2015, and deducted 1.5 million won per month on December 12, 2013 as interest (3.5% per annum 56% x 36% x 36% x 12% x 1.5 million 5 million ).
① In other words, the Defendant prepared and rendered to the Plaintiff a certificate of loan worth KRW 80 million (a).
(2) After receiving remittance of KRW 20 million on August 30, 2013, the Defendant received KRW 1 million from October 1, 2013 to the first police officer each month, and KRW 48 million on December 12, 2013 to the police officer during the period from January 13, 2014.