Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 30% per annum, which is the maximum rate of interest prescribed in Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014), as claimed by the Plaintiff, from August 31, 2013 to the day following the due date of repayment, to the day of full payment.

In regard to this, the defendant raised a defense to the effect that the defendant deposited KRW 20 million through C in the criminal case related to the loan of this case, and that all of the above loan obligations were repaid.

On the other hand, in the course of the investigation or criminal trial against the perpetrator of the illegal act, where the victim agreed that the perpetrator would not receive the agreement from the perpetrator and would not be punished for the perpetrator, the amount paid at the time of the agreement shall, in principle, be deemed to have been paid as part of the damage compensation in principle. The same shall also apply where the perpetrator paid the amount of the criminal agreement to the victim and deposited the money in relation to

(See Supreme Court Decision 98Da43922 delivered on January 15, 199). The Health Center returned to the instant case, and according to the legal principles as seen earlier, if there is money deposited by the Defendant for the Plaintiff in the criminal proceedings pertaining to the instant loan, the amount that the Defendant paid should be deducted from the amount that the Defendant pays. Accordingly, the written evidence Nos. 3, 7, and 9 should be included.