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1. The defendant shall pay 29,700,000 won to the plaintiff and 24% per annum from May 31, 2019 to the day of complete payment.
Reasons
The fact that the Plaintiff remitted KRW 38,80,00 to the Defendant on June 29, 2017 is without dispute between the parties, and according to the evidence Nos. 4 and 5, the fact that the Defendant remitted KRW 1,200,000 to the Plaintiff for about 16 months from August 1, 2017 to December 4, 2018 can be recognized that the Defendant, during the 16-month period from August 1, 2017 to December 4, 2018. According to the above fact of recognition, the Plaintiff was paid interest KRW 1,200,000 each on June 29, 2017 and lent KRW 40,000 to the Defendant and confirmed the fact that the Plaintiff deducted KRW 1,20,000 from the prior interest.
Meanwhile, according to the evidence evidence Nos. 2, 3, and 5, the defendant, including the above amount, remitted a sum of KRW 2,7.5 million to the plaintiff on May 9, 2019, including the above amount. As such, the defendant, among the total sum of KRW 1.2 million, which was deducted from the interest rate, plus the above amount, up to May 30, 2019, the interest rate of KRW 18.4 million calculated at the highest interest rate of KRW 24 million under the Interest Limitation Act for 23 months until May 30, 2019 (i.e., KRW 40 million x 2% x 23) shall be appropriated for the repayment of principal.
The Plaintiff asserts that it should be appropriated for the repayment of the principal of KRW 7,100,000,000,000 after deducting the interest of KRW 28.7 million from the above KRW 28.7 million to August 30, 2019, but it is reasonable to calculate the excess amount by calculating the interest as of May 9, 2019 when the Defendant paid the interest exceeding the limit. Thus, the above assertion is rejected.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remaining loans of KRW 29.7 million (=40 million - 10.3 million) and interest calculated at the rate of 24% per annum from May 31, 2019 to the date of full payment.
The plaintiff's assertion about the cause of claim is justified within the scope of the above recognition.
The defendant asserts to the effect that the defendant's debt constitutes an indefinite debt with the due date when profits accrue after the progress of the defendant's business, and that the repayment of the loan has not yet arrived. However, it is so argued as above.