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1. The defendant shall pay 302,048,300 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
Reasons
1. The fact that the Plaintiff leased KRW 302,048,300 to the Defendant on March 21, 2018 by April 12, 2018 that the repayment date was set and lent by April 12, 2018, and the fact that the Defendant did not fully repay this date is no dispute between the parties.
2. On April 13, 2018, when the Plaintiff claimed payment of the above loan 302,048,300 won and the above money for delay after April 13, 2018, the Defendant agreed with the Plaintiff not to claim interest and delay damages in addition to the principal, and thus, the claim for delay damages cannot be claimed.
3. Determination
A. According to the statements in Gap evidence Nos. 1 (Evidence) and Eul evidence Nos. 1 (Evidence Certificate) each, it can be acknowledged that the defendant's signature and seal as debtor is "the payment date: April 12, 2018; interest rate is not fixed; and C is responsible among the debtors. The payment date of interest: 12 days per month; the plaintiff and the defendant together signed and sealed a letter of confirmation that "the defendant created a right to collateral security as to the size of 4187 square meters of the D site at Namyangyang-si, Namyang-si, and the principal shall be repaid at the time of repayment (the agreement that the defendant cannot claim interest and delayed damages upon the repayment of principal)." Accordingly, according to the above fact of recognition, it is reasonable to deem that the plaintiff cannot claim damages for delay other than the principal of the loan in this case against the defendant.
B. As to this, the Plaintiff agreed to exempt interest only in cases where repayment is made within the due date, and the Plaintiff stated in the written confirmation that the Plaintiff immediately repaid the debt amount until April 12, 2018, which is the part of the Plaintiff’s acceptance. However, it is difficult to interpret the phrase “not claiming interest and damages for delay” as limiting the payment period by the due date. In particular, the loan certificate states that “C bears interest,” and includes C as the debtor of the registration of creation of mortgage over the above site.