대여금
1. The Defendant shall pay to the Plaintiff the amount of KRW 255,159,455 and KRW 250,000 among them, from December 30, 2014 to the date of full payment.
On December 31, 2013, the Plaintiff: (a) on December 25, 2015, the period for repayment of KRW 250 million was determined and lent to the Defendant on December 25, 2015; (b) the rate of KRW 7.36 per annum; (c) the payment date of interest; and (d) the rate of KRW 25% per annum.
At the time of the above lease, the Plaintiff and the Defendant agreed to lose the benefit of time when delay was made for 30 consecutive days from the time when the Defendant made payment of interest, etc.
However, the Defendant did not pay a total of KRW 3,075,067 on October 20, 2014 and November 20, 2014, which is the interest payment date, to the Plaintiff, and did not pay the Plaintiff KRW 3,075,067 on two occasions, thereby losing the benefit of time on November 20, 2014.
As of December 29, 2014, the amount that the Defendant is liable to pay to the Plaintiff as of December 29, 2014 is the principal amounting to KRW 250 million, unpaid interest KRW 50 million, KRW 5041,093, KRW 118,362, KRW 2555,159,455 (= KRW 250,000,000 KRW 50,041,093 KRW 118,362).
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum from December 30, 2014 on the following day to the date of full payment, as to the above principal, unpaid interest, and damages for delay plus KRW 255,159,455, and the above principal of the loan and KRW 250,000,000,000,000,000,000,00
[3] Article 208(3)3 of the Civil Procedure Act provides that “The Defendant shall be required to specify a claim pursuant to Article 208(3)3 of the Civil Procedure Act on the date of pleading because the Defendant was notified of the date by public notice pursuant to Articles 194 through 196 of the Civil