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1. The Defendant’s KRW 80,200,000 as well as the Plaintiff’s 25% per annum from May 13, 2016 to February 7, 2018.
Reasons
1. Basic facts
A. In around 2006, the Defendant: (a) leased part of the commercial buildings owned by the Plaintiff and paid the rent; (b) from time to time, the Defendant borrowed money from C, the Plaintiff’s wife.
B. On October 27, 2014, the Defendant prepared a letter of loan No. 3 and signed and sealed it, and attached it to the Plaintiff. The loan certificate of the above Chapter 3 states that “3,00,000 won, 32,200,000 won, 15,000,000 won,” respectively, and the due date for payment is all “ October 27, 2017”, “25,000 won” or “25,000 won (one million won)” or “25,000 won” shall be paid to the Plaintiff on October 25, 2014.
The payment shall be made to the creditor [place of business or A (Plaintiff)] of each month.
“A.” (hereinafter collectively referred to as “each loan certificate of this case” in the foregoing Chapter 3). 【No dispute exists, Party A’s statement of evidence (including the number, hereinafter the same shall apply), the purport of the whole pleadings.
2. On October 27, 2014, the Plaintiff asserted that the Defendant arranged the loan principal amount of KRW 80,200,000 with respect to the Plaintiff and the Defendant’s “the amount borrowed from the Plaintiff’s wife C and the unpaid rent, etc. based on the lease contract” (the sum of the amounts borrowed from each of the instant loan certificates), and the due date for repayment was set at KRW 1,80,000 with respect to the interest rate of KRW 1,80,000.
From the date on which each of the above loans was drawn up to May 29, 2020, the Defendant repaid KRW 30,896,000 in total to the Plaintiff, but this was fully appropriated for interest and delayed damages in an amount less than 30,926,438 won (i.e., 80,200,000 x 0.25 x 0.25 x 0.25 x 365) equivalent to the annual interest and delayed damages (i.e., 25% from October 27, 2014 to May 12, 2016).
Therefore, the defendant is obligated to pay to the plaintiff 80,200,000 won with 25% interest per annum from May 13, 2016 to February 7, 2018, and 24% interest per annum from the next day to the day of full payment.