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1. The Defendant: (a) KRW 16,00,000 for the Plaintiff and 5% per annum from March 14, 2019 to July 12, 2019.
Reasons
1. Basic facts
A. The Plaintiff, from March 2003 to October 2007, set a total of KRW 304,000,000 to the Defendant as interest rate of 10% per annum.
B. Thereafter, around January 12, 2008, the Plaintiff and the Defendant agreed to pay the Plaintiff the remainder to the Plaintiff from January 12, 2004 to January 9, 2008, by preferentially applying the funds that the Defendant paid to the Plaintiff from January 2004 to January 9, 2008 to the repayment of the principal of the above loan. The remainder was appropriated for the repayment of interest, and the interest on the above loan remaining after such appropriation was settled to KRW 75,300,00 (hereinafter “the instant settlement amount”). The Defendant agreed to pay the remainder to the Plaintiff by December 2008.
C. However, the Defendant paid to the Plaintiff only KRW 12,00,000,000 on October 24, 2008 and November 7, 2008, respectively, and KRW 12,000,000 on December 17, 2009.
Accordingly, on December 29, 2009, the Plaintiff drafted a letter of commitment (Evidence A2; hereinafter “the instant letter of commitment”) with the content that the Plaintiff would delay the repayment period of KRW 63,300,000 (=75,300,000 - 12,000,000, - 12,000, and hereinafter “the remainder of the instant settlement amount”) that remains due and payable as above with the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. 1) As to the cause of claim, as seen earlier, the Defendant did not pay the remainder of the instant case’s settlement amount of KRW 63,300,000, and the Plaintiff initially loaned the loan to the Defendant with interest of KRW 10% per annum. As such, the Defendant is obligated to pay to the Plaintiff an agreed interest or delay damages equivalent to 10% per annum from December 30, 2009 to the date of full payment, which is the day following the date of preparation of the instant payment agreement with respect to the claim for the remainder of the settlement amount, barring any special circumstance, according to the above basic facts as to the claim for the remainder of the settlement amount, the Defendant is obligated to pay the remainder of the settlement amount of this case remaining after repayment to the Plaintiff as above.