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1. The Defendant’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 5% from December 5, 2018 to May 15, 2020.
Reasons
Comprehensively taking account of the overall purport of the arguments in Gap evidence 1-1 through 4, Gap evidence 2, 5, 7, 11, Eul evidence 3-1, 2, 3, 8-1 through 6, and Gap evidence 9-1 through 5, Gap evidence 1-2, 3, 30 million won in March 15, 2016, five million won in April 29, 2016, five million won in June 30, 2016, five million won in total from the following day to August 7, 2016, and five million won in total to the plaintiff (other than this, the defendant is not entitled to the plaintiff's loans of 45 million won in total, five million won in total, and five million won in total from the following day to August 7, 2016, and the defendant shall not be entitled to the plaintiff's loans of 30 million won in the form of singing room and five million won in the form of the defendant's reimbursement.
The Plaintiff sought interest payment under the Civil Act (five percent per annum) from October 1, 2016 to the delivery date of a copy of the complaint in this case, on the premise that there was an agreement on the interest on the above loan on the second installment payment, but the evidence submitted by the Plaintiff, such as the statement in the evidence Nos. 2, 4, 6, and 7, is insufficient to acknowledge that there was an agreement on the interest between the Plaintiff and the Defendant on the Plaintiff’s assertion. The Plaintiff’s claim for the above part is without merit.
Therefore, the defendant is obligated to pay to the plaintiff 45 million won and damages for delay calculated at the rate of 5% per annum under the Civil Act from December 5, 2018, which is the day following the delivery date of a copy of the complaint of this case, to May 15, 2020, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.
Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.