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1. The Defendant’s KRW 55,700,000 as well as the Plaintiff’s annual rate from February 1, 2017 to June 16, 2017.
Reasons
1. Basic facts
A. On August 18, 2014, the Plaintiff issued and delivered a promissory note with a face value of KRW 50 million to the Defendant. On September 3, 2014, the Defendant agreed that the Plaintiff borrowed KRW 60 million, including the said promissory note, from the Plaintiff, and that the Plaintiff would pay KRW 1.5 million as of the end of each month to the Plaintiff at its interest and operating expenses (hereinafter “instant agreement”). On July 18, 2016, the Plaintiff issued and delivered a discount note with a face value of KRW 10.2 million to the Defendant for a loan of KRW 10.2 million.
B. Meanwhile, the Plaintiff received total of KRW 50,50,000 from the Defendant several times from the instant agreement to August 5, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including virtual number), Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff’s loan principal amounting to KRW 70 million (i.e., loans amounting to KRW 60 million per unit (i.e., loans amounting to KRW 60 million). The Plaintiff received KRW 50,500,000 from the Defendant from August 5, 2016 following the instant agreement. Meanwhile, according to the instant agreement, the Defendant is obligated to pay the Plaintiff KRW 36 million in total with interest and operating expenses for 24 months from September 2014 to August 2016 (i.e., KRW 24 months x 1.5 million). Accordingly, the Plaintiff’s loan amounting to KRW 36 million out of the above KRW 50,500,000 paid to the Plaintiff should be appropriated first to repay the above interest and operating expenses pursuant to Article 479 of the Civil Act (i.e., KRW 1., KRW 75,500,000,000).
B. Therefore, the Defendant, as the return of the loan to the Plaintiff, is KRW 55.7 million, and as the Plaintiff seeks, from February 1, 2017, the following day after the delivery of the original copy of the instant payment order.