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1. The defendant shall pay 16 million won to the plaintiff and 15% per annum from February 27, 2018 to the day of complete payment.
Reasons
The Plaintiff asserts to the effect that: (a) from March 9, 2016 to June 1, 2017, the sum of KRW 278.5 million was lent to the Defendant; and (b) from April 8, 2016 to September 17, 2017, the Defendant paid KRW 262.5 million in total in the name of the Defendant, as well as the sum of the aforementioned repayment amounts, to the Defendant’s seat.
However, the above repayment amounting to KRW 262.5 million includes KRW 15 million in the name of the Defendant’s assertion (i.e., KRW 3 million on April 18, 2016, KRW 5 million on November 8, 2016, KRW 5 million on December 10, 2016; and there is no evidence to acknowledge that there is additional repayment under the name of KRW 3 million on December 10, 2016.
(2) the Corporation has received the payment
(Reasons for recognition: Facts without dispute, Gap evidence Nos. 2-8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings). Therefore, the defendant paid to the plaintiff the amount of 16 million won (=278.5 million won - 262.5 million won) of the loan that was not paid to the plaintiff, and the loan of this case was made after the due date without the due date agreement. Since the plaintiff filed a claim for payment to the defendant from July 2017 to the defendant, the due date has arrived around that time.
The Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 27, 2018 to the day of full payment after the delivery date of the copy of the complaint sought by the Plaintiff.
The Defendant does not dispute the fact that the instant loan was made with interest payment, and that part of the amount repaid by the Defendant constitutes interest.
However, at the 6th date for pleading, the Plaintiff stated that all repaid amounts should be appropriated as principal, and that the interest on the loan is not claimed.
The plaintiff's claim is justified and accepted.