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1. The Defendant’s KRW 50,354,167 as well as 18% per annum from August 31, 2012 to September 23, 2015 to the Plaintiff.
Reasons
1. Examining the overall purport of the pleadings in the evidence No. 1 and No. 3 as to the cause of the claim, the Plaintiff, on July 31, 2012, lent KRW 50,000,000 to the Defendant from July 31, 2012 to August 30, 2012, the interest rate of KRW 8.5% per annum, and in the event that the leased principal and the agreed interest are not paid by the expiration date of the contract period, the Plaintiff shall pay the loan to the Defendant with interest calculated by adding up the interest rate of KRW 18% per annum to the leased principal and the agreed interest rate (hereinafter “instant loan”). It is recognized that the Defendant has not paid the instant loan up to now.
Therefore, according to the above facts, the defendant is obligated to pay the plaintiff the principal and interest of the loan KRW 50,354,167, and the amount of delay interest rate of KRW 18% per annum from the day following the due date until the delivery date of the copy of the complaint of this case, and the delay interest rate of the delayed damage rate of the next day to the day of full payment.
However, as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree) were promulgated on September 25, 2015 and enforced on October 1, 2015, Article 2(2) of the Addenda (Presidential Decree No. 26553) of the same Regulation recognizes only 20% per annum from the day following the date of delivery of a copy of the complaint of this case until September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment, and the excess portion is dismissed.
2. Judgment on the defendant's assertion
A. Defendant’s assertion ① around April 2012, C, D, etc. requested the Defendant to lend the Plaintiff Company’s acquisition fund and participate in the management in order to acquire the Plaintiff (E Co., Ltd. at the time).
② The Defendant: (a) appointed the Defendant as the vice-chairperson of the Plaintiff Company; and (b) provided the Plaintiff with KRW 5 million per month, corporate cards, and vehicles; (c) paid KRW 5 million per month as the adviser of the Plaintiff Company; and (d) paid KRW 5 million per month; and (c) employ G as the employee of the Plaintiff Company; and (d) paid KRW 2 million per month.