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1. The defendant shall pay 40 million won to the plaintiff and 18% per annum from March 1, 2016 to the day of complete payment.
Reasons
1. From December 16, 201 to May 27, 2014, the Plaintiff loaned a total of KRW 400 million to the Defendant several times during the period from May 27, 201, and thereafter on May 29, 2014, the Defendant made an agreement between the Defendant and the Defendant to pay the said KRW 400 million (hereinafter “instant loan”) by May 28, 2015, and to pay interest at 18% per annum (payment on the last day of each month) (hereinafter “instant agreement”) by adding the entire purport of the pleadings as a whole.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 18% per annum from March 1, 2016 to the date of full payment, which is the day following the day when the Plaintiff receives the instant loan amounting to KRW 400 million and the final damages for delay that the Plaintiff is the Plaintiff.
2. Judgment on the defendant's defense
A. On June 1, 2014, the Defendant concluded an accord and satisfaction agreement between the Plaintiff on June 1, 2014, between the Plaintiff and the Defendant to transfer the “D Child Care Center” (hereinafter “instant child care center”), which is a nursery facility located in the north-gu C apartment complex, North Korea-si, Posi, to the Plaintiff as a repayment for the instant loan. Accordingly, the Defendant’s loan obligations against the Plaintiff were extinguished.
B. On June 1, 2014, the Defendant, after the instant agreement, entered into a contract with the Plaintiff to sell the instant childcare center in the amount of KRW 400 million, which is the same as the instant loan, to the Plaintiff on June 1, 2014, with the Plaintiff. The Plaintiff and the Defendant owned the Defendant where the Defendant could not repay the instant loan by the due date for payment for the instant loan to the Plaintiff on October 24, 2014, according to the evidence No. 4, which is acknowledged by the parties or by the statement No. 2. 2.