대여금
1. The Defendant shall pay to the Plaintiff KRW 278,984,888 and the interest rate of KRW 15% per annum from January 16, 2019 to the day of full payment.
1. On April 15, 2014, the Plaintiff indicated the claim: (a) lent KRW 300,000,000 to the Defendant at a monthly rate of 2.4% (15% per annum of delay damage); (b) due date of repayment on April 15, 2017; and (c) completed the transfer of ownership security registration as to the Yongsan-gu Seoul Building D Co., Ltd (hereinafter “instant real property”); (b) on March 18, 2015, in order to secure the Defendant’s loan claims against the Defendant, on March 18, 2015, the Plaintiff filed a voluntary auction on the instant real property by failing to repay the principal and interest; and (c) received dividends of KRW 33,615,112 on the date of distribution of the relevant auction procedure ( January 15, 2019).
If dividends 33,615,112 won are appropriated in the order of interest and principal, the leased principal remains 278,984,888 won as of the date of distribution (i.e., the principal 300,000,000 won - 33,615,112 won as of the date of distribution). Thus, the Defendant is entitled to claim payment of damages for delay pursuant to the agreed rate (15%) from January 16, 2019 to the date of full payment (i.e., the principal 30,60,000 won).
2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).