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The defendant shall pay to the plaintiff KRW 31,056,262 as well as KRW 16,38,852 as to the plaintiff from June 11, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. On June 20 to June 21, 2016, the Plaintiff set a total of KRW 30,000,000 on three occasions from June 20 to June 21, 2016 as KRW 1,20,000 per annum (48% per annum) and lent (hereinafter “instant loan”).
B. The Defendant paid part of the principal and interest of the instant loan to the Plaintiff as indicated in the “amount of reimbursement” table, and the Plaintiff and the Defendant agreed that each of the repayment amounts from August 7, 2016 to October 30, 2016 should be appropriated for the interest and the remainder to the principal.
[Reasons for Recognition] Presumption of Confession (the defendant is deemed to have led to confession pursuant to Article 150 (3) and (1) of the Civil Procedure Act because he/she did not appear on the date of pleading without submitting a written response even after being served with
2. The Defendant’s repayment prior to the determination is in the order agreed by the Plaintiff and the Defendant. However, if the Defendant’s payment exceeds 25% per annum as stipulated in Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) pursuant to Article 2 of the Interest Limitation Act, and the interest that the Defendant voluntarily paid is appropriated for the principal, as indicated in the [Attachment] Table, if the unpaid loan amount is KRW 16,38,852, and the unpaid interest amount is KRW 856,922.
Therefore, the Defendant’s claim for damages incurred in the event that (i) the principal of the above loan was 16,388,852 won and (ii) the interest claim accrued in respect of the accrued interest or the obligation for delay until June 10, 2020, or damages for delay incurred in the event of default of the obligation, is not part of the principal claim, but is separate from the principal claim
(See Supreme Court Decision 2013Da100224 Decided April 30, 2014 (see, e.g., Supreme Court Decision 2013Da10224, Apr. 30, 201). 15,068,07 won = 856,922 won as above, unless the rate of interest or delay damages after the due date is separately agreed, the agreement on interest before the due date is based on the rate of interest and delay damages. Thus, it is not distinguishable from interest and delay damages.
The instant lending contract is concluded.