beta
Text
1. The defendant shall pay to the plaintiff KRW 99,556,164 as well as KRW 96,50,000 among them, from March 6, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On January 31, 2013, the Plaintiff decided to lend KRW 100 million to the Defendant at an interest rate of 3.5% per month (hereinafter “instant loan”), and deducted KRW 3.5 million from the prior interest on the same day, and deposited KRW 96.5 million to the Defendant.
In order to secure the payment of the principal and interest of the above loan debt, the Defendant created a collateral on the same day with respect to the Gangnam-gu Seoul Metropolitan Government C Apartment 105, 2505, the maximum debt amount, 100 million won
B. The Defendant paid the Plaintiff KRW 2,3250,000,000,000,000 on March 6, 2013, KRW 3 million on June 8, 2013, KRW 200,000 on July 10, 2013, KRW 350,000 on July 31, 2013, KRW 100,00 on September 5, 2013, KRW 750,00 on September 10, 2013, KRW 150,00 on December 23, 2013, KRW 150,00 on December 5, 2014, as interest payment on the instant loan.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-8, the purport of the whole pleadings
2. Determination
A. On January 31, 2013, the Plaintiff filed a claim for the interest or delay damages calculated at the rate of 25% per annum, which is the highest interest rate prescribed by the Interest Limitation Act, from February 1, 2013. 2) The Plaintiff is obligated to pay the Plaintiff the interest or delay damages equivalent to the interest or delay damages calculated at the rate of 96.5 million won per annum from February 1, 2013 to the day of full payment, as sought by the Plaintiff.
Meanwhile, during the period from March 6, 2013 to March 5, 2014, the Plaintiff is a person who received a total of KRW 2,3250,000 from the Defendant as interest for the instant loan, and each of the said money is appropriated to the interest accrued from the date of each payment (the specific appropriation details are as stated in the separate sheet), and ultimately, on March 5, 2014, the interest and interest on the instant loan as of March 5, 2019,56, including the principal amount of KRW 96,50,000 and interest KRW 3,056,161.