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1. The Defendant’s KRW 46,284,00 as well as the Plaintiff’s annual rate of KRW 9% from March 24, 2014 to February 6, 2015, and the following.
Reasons
1. Determination as to the cause of claim
(a) The following facts are not disputed between the Parties:
1) On February 24, 2011, the Plaintiff and the Defendant are only the Defendant of Japan 5 million U.N. (hereinafter “N.”) at the time when the Plaintiff entered Japan.
(2) On October 22, 2013, the Plaintiff sent e-mail to the Defendant that he/she would cancel the lending contract as stated in the preceding paragraph on a yearly basis and on February 23, 2016, and the Plaintiff may cancel the lending contract at any time. If the Plaintiff’s application for the termination of the contract reaches the Defendant, the Defendant agreed to pay the leased principal and interest after one month thereafter. (2) On October 22, 2013, the Plaintiff responded to the Plaintiff that he/she would pay the leased principal and interest until May 27, 2014, and the Defendant thereafter paid interest to the Plaintiff by March 23, 2014.
B. According to the above facts, the Defendant is obligated to pay the Plaintiff the interest or delay damages on the leased principal 5 million won and the interest or delay damages on the leased principal. Since the Plaintiff claims for conversion into Korean currency, the Defendant is obligated to pay the Plaintiff 46,284,000 won calculated by applying the exchange rate at the time of the closing of argument in this case (see Supreme Court Decision 2009Da77754, Oct. 25, 2012) (i.e., Supreme Court Decision 2009Da7754, Oct. 25, 2012) (i.e., 5 million won x 925.68 won/100), and to pay the Plaintiff the interest on the existence and scope of the obligation to perform from March 24, 2014, which is the following day after the Defendant paid the interest.
Unlike this, the Plaintiff’s assertion seeking the above loan principal of KRW 48,518,00 by applying the exchange rate prior to the filing of the instant lawsuit is without merit. The Plaintiff’s assertion seeking the above KRW 48,518,00 and interest or delay damages thereon is without merit.
2. If so, the plaintiff's claim is reached.