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1. The Defendant’s annual interest in KRW 69,902,105 and KRW 67,706,210 among the Plaintiff, from May 5, 2017 to August 22, 2019.
Reasons
1. The fact that the Plaintiff loaned KRW 100 million to the Defendant on August 13, 2012, and KRW 10 million on July 15, 2014, respectively, and the fact that the Defendant agreed to pay the Plaintiff interest calculated at the rate of 5% per annum from the respective lending dates does not conflict between the parties.
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the total amount of KRW 100 million and interest and delay damages on the loan.
2. The defendant's assertion asserts that the plaintiff does not have any obligation to pay to the plaintiff any more since the defendant paid 60,050,000 won in cash and 83,506,000 won in cash through account transfer.
The facts that the Defendant repaid to the Plaintiff KRW 60,050,000,000, in total, from November 14, 2012 to May 4, 2017, do not conflict between the parties.
Meanwhile, there is no evidence to acknowledge the Defendant’s assertion that the Defendant repaid KRW 83,506,00 to the Plaintiff in cash.
Furthermore, if the Defendant appropriated the amount that the Defendant paid to the Plaintiff by account transfer (60,50,000 won) to the Plaintiff according to the order of statutory appropriation for performance under Articles 479 and 477 of the Civil Act, the details of appropriation for performance are as indicated in the “statement of appropriation” in the attached Table. As of May 4, 2017, the remainder of the borrowed amount that remains after statutory appropriation for performance as of May 4, 2017 (67,60,654,273 + 7,051,937 won + 7,051,937 won + interest, 2,195,895 won (1,967,183 won + 228,712 won) plus 69,902,105 won.
Therefore, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 69,902,105, and the principal of KRW 67,706,210, whichever is the day following the final repayment date to May 5, 2017, the agreement rate of KRW 5% per annum from August 22, 2019, which is the date when the instant judgment is rendered until August 22, 2019, and delay damages calculated at 12% per annum from the next day to the date when the obligation is fully repaid.
The plaintiff raises objection against the defendant.