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1. As to KRW 45,726,931 and KRW 19,927,431 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 24, 2013 to March 19, 2018.
Reasons
1. Facts of recognition;
A. On January 24, 2008, the Plaintiff lent 35 million won to the Defendant as interest rate of 1% per month without setting the due date for repayment. The Defendant repaid the amount of KRW 15 million on August 25, 2009, and only the amount of the above loan exceeded KRW 20 million.
(B) The Plaintiff agreed to be paid interest at the rate of 1.5% per month from January 1, 2014 to the Defendant for each of the above loans (hereinafter “second loan”) without setting the due date for repayment. (b) The Plaintiff loaned the Defendant KRW 15 million, KRW 20 million on September 5, 2013, and KRW 20 million on December 18, 2013 to the Defendant.
C. Meanwhile, the Plaintiff is a person who received all interest accrued from the Defendant and the first loan from the Defendant until December 31, 2012. From January 23, 2013 to December 30, 2015, each of the repayment dates and the amount column as stated in the separate statement of appropriation for performance in attached Tables 1 and 2.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the remaining money after deducting the defendant's repayment from the loans 1 and 2 as well as interest thereon, unless there are special circumstances.
B. The Defendant asserts that the interest rate of the second loan is 1.5% per month, not 1.5% per month, but 1% per month. However, the interest rate of 1% per month for the second loan is 35,000 won per month, and the sum of 200,000 won per month for the first loan is 55,000 won per month. As seen earlier, the Defendant exceeded that of the Plaintiff, as seen earlier, and the sum of KRW 105,00 per month for 20,000,000 on January 11, 2014; KRW 30,000 on January 16, 2014; KRW 20,000 on February 5, 2014; and KRW 105,00 on February 18, 2014; and the sum of KRW 14,50,000 per month for 20,000 per month, 2014.