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1. Defendant A shall pay to the Plaintiff KRW 1,003,519,482 and KRW 504,593,777 among them, from March 11, 2016 to the date of full payment.
Reasons
Comprehensively taking account of the overall purport of the arguments, evidence Nos. 1 and 12, the Plaintiff loaned 700 million won as an ordinary loan to Defendant A on November 20, 2009 by setting the loan period of no later than November 20, 201, interest rate of no more than 8.5% per annum, delay damage rate of no more than 18% per annum, and Defendant DD Development Co., Ltd., up to the limit of KRW 910,000,000 for Defendant A’s debt to Defendant DD Development.
Of the evidence mentioned above, the root guarantee certificate attached to Gap's No. 1 and the evidence No. 7-1 (written consent to the offer of security) are admitted as the establishment of the signature and seal, but it is improper to deliver the blank. However, it is examined since Gap's evidence No. 6-3 and No. 8 are admitted as the seal portion, but it is proved that it is forged by the seal and seal affixed without permission.
As above, it is not sufficient to recognize the assertion by the respective statements (including serial numbers) Nos. 1 through 17 in relation to the defense of evidence by Defendant D Cases Development Co., Ltd., and there is no other evidence by the Defendant.
The details of calculation of principal and interest due to the appropriation for performance shall be as shown in the attached Form.
However, if the purport of the Plaintiff’s claim is expressed differently as of the date of closing argument, “Defendant A shall pay to the Plaintiff 1,074,158,252 won ( = 965,663,678 +108,494,574) and 18% interest per annum from March 11, 2016 to the date of complete payment.”
This is because damages for delay at the rate of 18% per annum from December 31, 2014 to March 10, 2016 are 108,494,574 won per annum.
The principal and interest at the time of the date of the closing of argument to be paid by Defendant A are KRW 1,00,519,482 ( = 477,319,130 + 526,200,349) and among them, KRW 504,593,777 (within the scope of KRW 526,20,349 according to the calculation in the attached Form) shall be based on the rate of 18% per annum from March 11, 2016 to the date of full payment.