대여금
1. The Defendant’s KRW 294,570,00 for the Plaintiff and KRW 5% per annum from July 16, 2010 to April 5, 2013.
1. The remainder of the loan extended by the Plaintiff from September 17, 2007 to July 15, 2010, after deducting KRW 2,329,530,000 from the amount loaned to the Defendant by the Plaintiff from KRW 2,624,10,00.
2. Article 208 (3) 3 of the Civil Procedure Act:
3. The Plaintiff’s reasons for partial dismissal are to claim for the payment of KRW 294,570,000 per annum from July 16, 2010 to the date of full payment, which is the day following the Defendant’s last partial repayment.
It is insufficient to acknowledge that the agreement was 24% solely on the basis of the statement of evidence Nos. 3 through 6, and there is no other evidence to acknowledge that the agreement was 24%. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 5% per annum prescribed by the Civil Act from July 16, 2010 to April 5, 2013, the delivery date of a copy of the complaint of this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment
Therefore, the plaintiff's damages for delay exceeding the above recognition scope are without merit.