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1. The Defendant’s KRW 20,909,00 for the Plaintiff and 5% per annum from August 12, 2014 to June 27, 2016.
Reasons
1. The Plaintiff asserts that the Defendant lent KRW 5,00,000,000 on July 8, 2014, and KRW 15,000,00 on July 15, 2014, and KRW 5,000,00 on July 17, 2014 to the Defendant, respectively, at 3% of each interest month.
Comprehensively taking account of the overall purport of the pleadings in Gap evidence 2 and Eul evidence 3-1, the plaintiff lent KRW 5,00,000,000 on July 8, 2014, and KRW 15,000,000 on July 9, 2014, and KRW 5,000,000 on July 17, 2014, respectively, to the defendant without fixing the due date, and the plaintiff sent a content-certified mail containing a peremptory notice to return the above loan on August 4, 2014, and each of the above content-certified mail reaches the defendant on August 5, 2014.
However, with regard to the fact that there was an agreement with the interest rate of 3% per month at the time of the above lending, it is insufficient to recognize the agreement only with the entries of Gap evidence 3-2, and there is no other evidence to acknowledge it
Rather, according to each of the above evidence, the Plaintiff did not mention the interest in the self-certification of content on August 4, 2014, and in the self-proof mail on August 20, 2014, the “reasonable interest on a regular line” was asserted in the instant complaint. In light of the above, it is reasonable to deem that there was no separate interest agreement at the time of the instant loan.
The Plaintiff’s assertion as to the interest agreement is not accepted (in particular, the part exceeding the rate of 30% per annum on July 8, 2014 and July 9, 2014 on the lending of one’s own as of July 17, 2014 is in violation of the Interest Limitation Act, and such excess portion’s assertion is without merit in this respect). Ultimately, according to the above recognition, barring any special circumstance, the Defendant is liable to pay to the Plaintiff the total amount of KRW 25,00,000 (5,000 + 15,000,000 + 5,000,000 + 5,000,000 + 00,000) and damages for delay after August 12, 2014, for which the extended period of time has passed since the mail verifying the above content reached the Defendant.
2. The defendant.