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1. The Defendant’s KRW 12,304,455 with respect to the Plaintiff and KRW 5% per annum from November 11, 2017 to November 27, 2018.
Reasons
1. Facts of recognition;
A. From April 5, 2014 to February 20, 2015, the Plaintiff: (a) each “the date on which the claim occurred” in the separate sheet (1) (hereinafter referred to as “Account (1) in the separate sheet (hereinafter referred to as “Account”) shall be the Defendant’s “loan 1” in the aggregate of KRW 49,300,000,000,000,000,000,000 won or less on the date indicated.
2) The Defendant wired the Plaintiff’s new bank account at KRW 6,300,000,000,000,000 to the Plaintiff’s new bank account at KRW 20% per month. (b) The Defendant wired the Plaintiff’s KRW 4,50,000 to the Plaintiff’s new bank account, KRW 50,000,000,000,000,000,000 on August 19, 2014, and KRW 3,00,00 on September 24, 2014.
2. Determination
A. As to the cause of the claim, the Plaintiff voluntarily acknowledged the fact that the above 6.3 million won transferred by the Defendant was repaid as part of the loan 1 of this case. Thus, the Defendant is obligated to pay the remainder of the loan 43 million won and delay damages to the Plaintiff, barring special circumstances.
B. On the defendant's defense (1) The defendant's partial repayment is a defense that the defendant paid a total of KRW 33.7 million in addition to the above KRW 6.3 million.
Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1 and 2, the Defendant may recognize the fact that the Defendant has repaid the principal and interest of the instant one by remitting the total amount of KRW 40 million, including the amount indicated in the “payment date” column, on the date of entry, to 18 times from April 22, 2014 to June 15, 2016, including the amount of KRW 6,300,000,000,000,000,000,000 won, to the Plaintiff’s corporate bank, new bank, etc.
However, since the Defendant’s repayment amount cannot extinguish the entire obligation of the instant 1 loan, it shall be appropriated in the order of interest and principal (Article 479 of the Civil Act). The portion exceeding the maximum interest rate prescribed by the Interest Limitation Act as an interest on a contract for monetary lending and lending is null and void. If the obligor voluntarily paid the interest exceeding the maximum interest rate, the amount equivalent to the excess interest paid shall be the principal.