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1. The Defendant’s KRW 60,303,436 as well as the Plaintiff’s KRW 5% per annum from December 4, 2014 to October 16, 2015.
Reasons
1. The following facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 3, Eul evidence No. 1 and 2:
On July 18, 201, the Plaintiff remitted KRW 100,000,000 to the Defendant and KRW 30,000,000 (hereinafter the above KRW 100,000,000 to the Defendant (hereinafter the above KRW 100,000,000, the Plaintiff lent KRW 300,000 to the Defendant as “instant KRW 2,000,000,00 to the Defendant”; and on February 21, 2012, the Plaintiff lent KRW 10,000 to the Defendant.
(hereinafter above KRW 10,00,000 (hereinafter referred to as “instant loan”). B.
Meanwhile, at the time of transfer of the instant money, the Defendant paid to the Plaintiff KRW 180,00 per month interest rate equivalent to the loan interest of the instant money as interest on the instant money. At the time of lending the instant money, the Defendant paid to the Plaintiff the interest rate of KRW 2% per month on the instant loan, but thereafter, paid the interest rate of KRW 1.5% per month from May 2012.
C. Under each of the above interest agreements, the Defendant paid the entire interest on the instant loan, as indicated in the attached Form Nos. 1 through 8, 10, 12, and 14 (hereinafter “attached Form”) from August 18, 2011 to July 25, 2012, as indicated in the attached Form No. 1 to 8, 10, 12, and 14, and the Defendant paid the entire interest on the instant loan from March 23, 2012 to July 25, 2012.
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion 1 is that the Plaintiff is entitled to the interest rate of 2% per month on the instant loans, separate from the interest rate equivalent to the above loan interest on the instant loans, and the repayment period shall be set after one year and lent to the Plaintiff.
Meanwhile, the amount of each payment indicated in [Attachment 1] or 15 among the Defendant’s payments is paid as interest on the instant loans and interest on the instant loans until July 25, 2012.