beta
Text
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 28.6 million and KRW 26 million, the Defendant (Counterclaim Defendant) from November 17, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On July 15, 2010, the Plaintiff and the Plaintiff asserted that “The remainder of interest accrued up to the time when the Defendant paid KRW 28.6 million, including the above 26 million and the previous 2.6 million which are the total of the previous 2.6 million capital and the previous 2.6 million capital which are part of the previous 2.6 million capital and the previous 28.6 million capital, when the Defendant prepared a certificate of borrowing KRW 28.6 million and the maturity date was 4% on July 15, 2010 and the interest rate was 4% on a monthly basis.” However, the Plaintiff and the Defendant asserted that the Defendant’s payment of the previous 2.6 million capital and the previous 2.6 million capital, which are part of the previous 2.6 million capital and the previous 2.6 million capital, is within the scope of the principal and interest rate prescribed by the Interest Act.”
In full view of the contents of evidence Nos. 1 through 3, the facts alleged by the plaintiff can be acknowledged. Thus, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 25% per annum as stipulated in the Interest Limitation Act from November 17, 2014 to the date of full payment (the day following the date on which the defendant paid the last part of interest) with respect to the amount of KRW 28.6 million based on the above loan certificate and the amount of KRW 26 million as claimed by the plaintiff, barring any special circumstance.
2. Claim for counterclaim and judgment
A. The Defendant: (a) lent KRW 15 million to the Defendant on November 16, 2006 at the interest rate of KRW 5% per month; (b) KRW 5 million on May 30, 2007 at the interest rate of KRW 5% per month; (c) KRW 5 million on June 29, 2007 at the interest rate of KRW 5% per month; (d) KRW 1 million on September 14, 2007 at the rate of KRW 5% per month; and (e) KRW 26 million on July 15, 2010 at the interest rate of KRW 4% per month; and (e) the Plaintiff received from the Defendant the interest rate of KRW 39% or 44% per year, which is a limitation on the Interest Limitation Act.
Accordingly, the principal and interest of the claim asserted by the plaintiff has been fully repaid, and the defendant rather.