1. The defendant shall pay to the plaintiff the amount of KRW 41,327,965 and the amount of KRW 40,322,191 among them from January 17, 2020 to the day of complete payment.

1. Basic facts

A. On August 23, 2017, the Plaintiff loaned 40,000,000 won to the Defendant on August 23, 2017 at the maturity of payment on August 23, 2019; 21% per annum on the loan interest rate; and 27.9% per annum on the overdue interest rate.

(2) On August 23, 2017, the Plaintiff loaned KRW 15,00,00 to the Defendant on August 19, 2019 due date on August 23, 2019 (hereinafter referred to as “loan”). (b) The Plaintiff, on August 23, 2017, extended the loan interest rate of 21% per annum, 27.9% per annum from each year to 19% per annum, and 22% per annum from each year (hereinafter referred to as “loan as of August 19, 2019”). (c) The Plaintiff loaned the loan to the Defendant on August 23, 2019 by setting the repayment period of KRW 15,00,000 to 19% per annum, and the overdue interest rate of 22% per annum.

On the other hand, the defendant paid 305,253 won to the plaintiff on December 6, 2019 and did not pay it thereafter.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Comprehensively taking account of the overall purport of the arguments in the determination as to the cause of the claim, the remainder obtained by deducting the amount the Plaintiff was paid out of the total sum of the principal and interest of the loan as of August 23, 2017 and the principal and interest of August 19, 2019, which was the date of application for the payment order, from the total amount of the loan as of August 16, 2020 and the principal and interest of the loan as of August 19, 2019 (25,322,191, and 15,00,000,000, total of principal and interest remaining out of the loan as of August 23, 2017) is KRW 41,327,965.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder interest rate of 22% from January 17, 2020 to the date of full payment of the principal amount of KRW 41,327,965 and the interest rate of overdue interest of KRW 40,322,191.

3. Determination as to the defendant's assertion

A. The gist of the assertion was that the Plaintiff did not actually pay 15 million won to the Defendant for loans made on August 19, 2019.

(B) The argument seems to be to the effect that the obligation of loans due to the loan of August 19, 2019 was not incurred.

Judgment

According to the aforementioned evidence, the Plaintiff as a substitute loan with the Defendant, extended a loan of KRW 15 million on August 19, 2019, and accordingly, the Plaintiff extended a loan of KRW 15 million on the said loan.