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1. The plaintiff
A. As to KRW 22,00,000 among Defendant B and its KRW 22,00,000, Defendant B, from March 22, 2014 to November 24, 2015.
Reasons
1. Basic facts - around December 201, the Plaintiff: (a) 350,000 won (40,000 x 10.5% x 12 months) when converting the interest amount of KRW 40,000 to Defendant B into the monthly interest rate of KRW 10.5% per annum; (b) 3.50,000 won (3.5% ± 12 months).
(Other than this, the Defendants’ assertion to the effect that the above KRW 40 million is not a loan, but an investment loan is not accepted). Defendant B promised to pay the Plaintiff at the latest within three months at the time of the loan.
- After that, as Defendant B did not pay the above borrowed amount, the Plaintiff demanded the Defendant C, who is the husband of the Defendant B, to pay the borrowed amount. Accordingly, the Defendant C paid the Plaintiff the total amount of KRW 18 million on March 10, 2014 and KRW 2 million on March 21, 2014.
[Ground of recognition] Facts without dispute, evidence A1 to 3, purport of whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the interest rate of KRW 10.5% per annum from May 1, 2012 to May 10, 2014 (the date on which Defendant C paid KRW 16 million) on the balance of the borrowed principal, KRW 22 million, and KRW 40 million, KRW 7,813,150 per annum from May 1, 2012 to KRW 10 (the date on which Defendant C paid the repayment of KRW 16 million) ( KRW 40,000 x 10.5% x 10.5% x 679/365), ③ the balance of the borrowed principal after Defendant C’s first repayment of KRW 24 million x 20,000, KRW 1059, KRW 2059, KRW 2095, KRW 2005, KRW 2095, KRW 2005 (the above additional repayment).
Furthermore, the Plaintiff asserts that the interest at an interest rate of 10.5% per annum shall be paid for the entire borrowed principal of KRW 40 million from March 11, 2014 to March 21, 2014. However, as seen above, Defendant C paid KRW 16 million on March 10, 2014, and Defendant C paid the borrowed principal of KRW 24 million. Thus, the part exceeding the above-mentioned limit among the Plaintiff’s assertion is without merit.