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1. The defendant shall pay to the plaintiff the amount of KRW 67,037,711 and KRW 35,097,668 among them, from September 1, 2015 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff stated the Defendant’s appropriation of the amount of KRW 4 million on September 18, 2006, KRW 3 million on April 24, 2007, KRW 5 million on March 26, 2008, KRW 4 million on September 1, 2008, KRW 10 million on September 2, 2008, KRW 28 million on July 16, 2009, KRW 282,00,000 on August 28, 2009, KRW 3 million on August 12, 2009, KRW 3 million on December 28, 2009, KRW 3 million on December 28, 2009, KRW 7 million on December 26, 201, KRW 7 million on September 26, 200, KRW 5 million on the date of appropriation to the Plaintiff.
【Ground of recognition】An absence of dispute, Gap's 1 certificate, Gap's 6-1 and 2
B. On the other hand, the plaintiff asserts that the defendant was paid interest rate of 24% per annum (2% per annum) on the one hand, while the defendant did not agree on interest and paid the principal in installments. 2) The defendant determined that the plaintiff regularly paid a certain amount of money to the plaintiff at a certain time per month, and if the payment is not made, the unpaid amount was additionally paid or the unpaid amount was paid additionally at the next payment date, and even if the amount was paid in a lump sum, a certain amount of money corresponding to the above month was paid.
In addition, if the principal of the loan is additionally borrowed from the Plaintiff or the principal is decreased due to repayment of the principal, the monthly amount paid has been increased or reduced accordingly. If the amount paid each month is to be paid in installments, there is no reason to change the amount of the principal of the loan according to the amount of the principal
Therefore, it is difficult to view that the principal was repaid in installments, and it is reasonable to view that the interest was paid.
In addition, from the first loan to August 2007, the amount exceeding 2% of the leased principal was paid from the first loan to the date of August 2008.