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1. The Defendant’s interest rate of KRW 73,872,642 and KRW 35 million among the Plaintiff shall be from April 30, 2016 to the date of full payment.
Reasons
1. On January 30, 2009, the Plaintiff filed a lawsuit against the Defendant seeking payment of loans of KRW 35 million with the Changwon District Court Decision 2008Da41515, which was on January 3, 2005, and was sentenced to the judgment of the court below that “the Defendant shall pay to the Plaintiff the amount of KRW 35 million and the amount calculated at the rate of KRW 20% per annum from December 11, 2008 to the date of full payment,” which became final and conclusive around that time.
(B) The Defendant paid to the Plaintiff KRW 12,824,079 in total, from December 24, 2010 to April 29, 2016, as stated in the attached Form of Deposits, according to the previous judgment.
(A) The Plaintiff’s claim and its cause of the claim were stated in the document appended to the written application for the modification on July 7, 2020, as if the repayment amount as of April 30, 201 was not KRW 1.50,000,00, not KRW 2.550,000. However, according to the Defendant’s response to the order to submit financial transaction information to D Co., Ltd., the Plaintiff’s response to this court’s response to the order to submit financial transaction information to D is a simple error, and it does not constitute a party whose repayment defense is more than the Defendant’
2. The damages for delay from December 11, 2008 to December 24, 2010, which was the first repayment date of the defendant from December 24, 2010 according to the previous judgment, are KRW 14,268,493 [=35 million + (214/365) x 0.2]. The sum of the defendant's repayment amounts is less than 12,824,079 won, and the defendant's repayment amounts are all appropriated for damages for delay, not the principal of the previous judgment.
Accordingly, 12,824,079 won of the defendant's repayment amount to 51,696,721 won for delay from December 11, 2008 to April 29, 2016, which is the date of the defendant's last repayment under the previous decision (=35 million won x (71/366) x 0.2). The damages for delay in the same period are 38,872,642 won (=51,696,721 won - 12,824,079 won).
Therefore, the Defendant’s KRW 73,872,642 (i.e., the principal amount of KRW 38,872,642) and the interest amount of KRW 35 million from April 30, 2016 to the date of full payment.