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1. The Defendant’s KRW 27,768,415 as well as KRW 2.85% per annum from January 30, 2019 to March 8, 2019 to the Plaintiff.
Reasons
1. Assertion and determination
A. In addition to the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 4, 7, and 8 (including additional numbers), the plaintiff loaned to the defendant a loan of KRW 45 million on December 19, 2016, KRW 320,000 on March 22, 2017, KRW 120,000 on March 24, 2017, KRW 59,40,000 on May 25, 2017 (the loan in this case). The plaintiff extended a loan of KRW 45,00,000 to the defendant at a bank, and lent the loan to the defendant at that time, KRW 2.85% on a yearly basis, and KRW 37% on a yearly basis, and the defendant agreed to pay to the plaintiff an amount equivalent to these amounts.
In addition, the Plaintiff demanded the Defendant to pay the above loan prior to the filing of the instant lawsuit (application for payment order). Accordingly, the Plaintiff repaid the amount of KRW 118.6 million by June 19, 2018, which was served by the Defendant on which the duplicate of the instant complaint was served, and thereafter, repaid the amount of KRW 1.1 million on July 10, 2018, KRW 20 million on December 20, 2018, and KRW 1.5 million on January 29, 2019.
B. Therefore, if the Defendant’s repayment of the loan of this case is made in accordance with the order of statutory appropriation as provided for in Articles 477 and 479 of the Civil Act, ① KRW 1,186,00 (for the purpose of calculation, deemed to have been repaid on June 19, 2018) shall be deemed to have accrued until June 19, 2012, KRW 2,393,634 [x 2.85% (183/365%)x 1,50,00 KRW 36.36%) and KRW 4.65% (126/365%) of the principal amount: KRW 9,46,366 (126/365) and KRW 320,000, KRW 1636.65% of the repayment damages, and KRW 1,506,000,000, KRW 16361.65% of the remainder of the repayment period