beta
Text
1. The Defendant’s KRW 133,157,533 as well as the Plaintiff’s annual rate from August 28, 2015 to July 7, 2016, and the following.
Reasons
In fact, the Plaintiff lent the following loans to the Defendant.
The Defendant repaid KRW 25 million on December 1, 2015, KRW 30 million until the due date of repayment of principal on September 1, 2014, KRW 4.5 million, KRW 4.5 million until the due date of repayment of principal on September 31, 2015, which was no agreement on January 31, 2015, and KRW 25 million until December 1, 2014, KRW 31,000,000, KRW 5 million until the due date of repayment of principal on April 30, 2015; KRW 4.5 million until the due date of repayment of KRW 4.5 million until the due date of repayment of the loan; KRW 4.5 million until the due date of repayment of KRW 4.5 million; KRW 4.5 million until the due date of repayment of the loan; KRW 1.5 million until the due date of repayment of the loan until May 31, 2015.
On March 2016, the Defendant repaid KRW 30 million with the principal and interest of the borrowed money.
[Reasons for Recognition] No dispute is raised, Gap evidence Nos. 1-3 (including additional numbers), and since July 15, 2014, the upper limit of interest rates under the Interest Limitation Act is 25% per annum, the part exceeding 4,657,533 won [2,071,917 won (25 million won x 000 x 0.25 x 121/365), 2,585,616 won (25 million won x 0.25 x 151/365), among interest agreements Nos. 2] is invalid.
The principal amount of KRW 30 million repaid on March 2016 is KRW 11,157,533 ( KRW 4,657,533 KRW 4,500,000 KRW 2,00,000) and the remainder of KRW 18,842,467 is the principal amount of KRW 152,00,000 if the principal is appropriated for KRW 152,00,000.
The Defendant is obligated to pay to the Plaintiff 13,157,533 won in the balance of the borrowed amount and 15% in interest per annum from August 28, 2015 to July 7, 2016, which is the date of this decision, the Defendant’s decision, which is reasonable to dispute by the Defendant, as requested by the Plaintiff, to pay the Plaintiff 5% interest per annum from August 28, 2015 to the date of full payment.
The plaintiff's conclusion claim is partially accepted.