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Reasons
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(영문) 수원지방법원안산지원 2017.05.16 2016가단28910
대여금 반환
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1. The defendant is based on the ratio of 34,00,000 won to 24% per annum from September 2, 1998 to the full payment.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the evidence Nos. 1, 2, 3-1 through 5, and 4 of the evidence Nos. 1, 1, 2, 3-1, and 4 of the facts of recognition:

The Plaintiff, from January 1, 1995 to December 31, 1997, set forth a total of KRW 34,00,000 on four occasions as interest rate of KRW 2% (per annum 24%) and the due date of repayment of December 31, 2005 to the Defendant.

B. After doing so, the Defendant repaid to the Plaintiff the sum of KRW 2,950,000 as indicated in the following table.

Temporary amount set forth in the sequence 16.2. 16.2. 16. 200,000 won 6.30,000 won on Aug. 16, 2001; 7.100,000 won on Sept. 17, 2001; 30,000 won on March 17, 2001; 8.20,000 won on Dec. 14, 2001; 4.50,000 won on Mar. 26, 2001; 9. 30,000 won on Feb. 15, 2002; 7.30,000 won on May 15, 2001; 8, 2005 won on May 15, 2001;

C. After that, the Plaintiff urged the Defendant to return the principal and interest of the above loan by content-certified mail on September 27, 201, the Defendant paid KRW 1,000,000 as interest on November 201, and KRW 1,500,000 as of January 31, 201.

The Plaintiff appropriated the sum of KRW 5,450,000 paid by the Defendant as above to the interest for 244 days from January 1, 1998 to September 1, 1998 on the loan principal.

[When the interest during the above period is actually calculated, the amount of KRW 5,454,904 (the principal = KRW 34,000,000 x interest rate 0.24 x 244 days/365 x), but 4,904 won as sought by the Plaintiff] 2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the interest and delay damages at the rate of KRW 34,00,000 and the interest and delay damages at the rate of KRW 24% per annum, which is the agreement rate from September 2, 1998 to the full payment date.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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