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1. The Defendant shall pay to the Plaintiff KRW 217,697,770 and KRW 200 million among them, with full payment from September 15, 2016.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by combining the whole purport of the pleadings in each entry in Gap evidence 1 to 3.
On September 20, 2007, the Plaintiff lent KRW 200 million to the Defendant at an annual interest rate of 6% (hereinafter “instant loan”); on May 12, 2015, the Defendant prepared and issued a “written confirmation of rent” with the purport that the Plaintiff will pay the principal and interest of the instant loan by September 30, 2015.
B. In order to repay the principal and interest of the instant loan, the Defendant: (a) paid KRW 30 million on May 15, 2014; (b) KRW 10 million on September 5, 2014; (c) KRW 20 million on November 10, 2014; (d) KRW 5 million on February 3, 2015; (e) KRW 4 million on April 21, 2015; and (e) KRW 89 million on Oct. 6, 2015 (i.e., KRW 30 million); and (b) fully repaid interest to KRW 20 million on a portion at the time of repayment; and (b) fully repaid the amount to KRW 5 million on a deposit basis as above.
C. From September 20, 2007 to August 10, 2016, interest on the instant loan, which the Plaintiff is seeking until August 10, 2016, is KRW 106,783,561 (i.e., KRW 106,783,561 (i.e., KRW 200 million x KRW 6/100 x 3,248 ± 365, and less than KRW 365).
Since it is reasonable, interest that has not been repaid as of August 10, 2016 is equivalent to KRW 17,783,561 (=106,783,561 - KRW 89 million).
2. Determination
A. According to the above facts of recognition, the defendant, among the principal and interest of the loan of this case, filed a claim with the plaintiff for part of the interest amounting to KRW 217,697,770, which the plaintiff sought, until the date on which the duplicate of the complaint of this case was served to the defendant, and only KRW 17,697,770, is claimed.
In addition, the amount calculated by the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 15, 2016 to the date of full payment, which is the day following the day when the copy of the complaint of this case was served on the defendant as the repayment period of the loan of this case with respect to KRW 200 million.