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1. The Defendant’s KRW 19,595,00 for the Plaintiff and KRW 5% per annum from December 26, 2016 to August 8, 2017.
Reasons
The facts of lending KRW 242,250,000, excluding the sum of KRW 11,000,000, No. 15 and No. 31 listed in [Attachment Table 1], to the Defendant are examined in the determination of the amount and interest rate on the loan claim. There is no dispute between the parties.
In addition, the plaintiff asserts that he additionally lent KRW 11,00,000 to the defendant as shown in the [Attachment 1] Nos. 15 and 31, but it is not sufficient to recognize only the entries in the evidence No. 5-23, and there is no other evidence to acknowledge it.
Meanwhile, the Plaintiff asserts that the Defendant agreed to pay 18% interest per annum by lending money as above.
In addition, the defendant has paid approximately KRW 400,00 to the plaintiff, but the existence of specific interest agreement is denied.
There is no direct evidence to support the existence of an interest agreement between the Plaintiff and the Defendant, and the witness C’s testimony to the effect that the Plaintiff and the Defendant agreed to the interest of 18% per annum in the event of a lending of money at a fraternity meeting to which the Defendant belongs, or that the Plaintiff and the Defendant agreed to the interest of 18% per annum in the loan for consumption, it is insufficient to recognize that the Plaintiff and the Defendant agreed to the interest of 18% per annum in the agreement between the Plaintiff and the Defendant.
In light of the above, it is insufficient to view that there exists an agreement between the Defendant and the Plaintiff as a legally binding interest agreement solely on the ground that the Defendant paid interest of KRW 400,00 to the Plaintiff.
(A) The Defendant may pay the above money to the Plaintiff with the indication of the subparagraphs for lending money. The Plaintiff’s determination of the amount of repayment is that the Defendant received 233,05,000 won out of the loan as shown in the attached Table 2.
The plaintiff asserts that KRW 60,955,000 among the above amounts was repaid as interest, but as seen earlier, the plaintiff.