대여금 등
1. The Defendant shall pay to the Plaintiff KRW 32,611,922 and the interest rate of KRW 15% per annum from November 14, 2016 to the date of full payment.
Comprehensively taking account of the overall purport of arguments as to Gap evidence 1, Gap evidence 2 through 5-1, 2-1, and 2, the plaintiff agreed on August 19, 2015 to pay 50 million won (350 million won as security loan, 150 million won as credit loan) to the plaintiff on August 20, 2015 at the rate of 3.9% per annum, overdue interest rate of 11% per annum, and due date of 2.5 billion won as interest rate of 2.5 billion won to the plaintiff on November 30, 2015, the plaintiff and the defendant paid 8.5 billion won as total interest interest rate of 5 billion won to the above bank (the total interest rate of 50 million won to the plaintiff on November 30, 2015, KRW 80 billion as principal interest rate of 2.5 billion to the plaintiff on June 1, 2016, KRW 2006, KRW 2800,006.
According to the above facts, the defendant is obligated to pay to the plaintiff 32,611,922 [=23,228,710 won + 15,033,212 won (=18,791,515 won x 0.8) - 5,650,00 won] and to pay to the plaintiff money calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 14, 2016 to the day of full payment.
[The obligor is liable for delay from the time when the obligee receives a claim for performance with respect to the obligation for delay fixed (see, e.g., Supreme Court Decision 2009Da59237, Dec. 9, 2010). If so, the Plaintiff’s instant case.