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1. The defendant shall pay to the plaintiff KRW 87,450,469 as well as KRW 50,00,000 among them, from November 16, 2012 to the day of full payment.
Reasons
1. The Plaintiff’s assertion that: (a) on January 18, 2008, the Plaintiff loaned KRW 50 million to the Defendant at interest rate of 2%; (b) on February 18, 2008, the amount of dividends of KRW 19,434,776 paid on November 15, 2012; and (c) from February 19, 208 to November 15, 2012, the remainder of the principal and interest on the loan was appropriated for KRW 57,450,00 for interest rate of KRW 88,015,224 [=50,000 (=57,450,000 - 19,434,76].
2. Comprehensively taking account of the following facts: (a) the Plaintiff leased 50 million won to the Defendant on January 18, 2008 as interest rate of 2%; (b) the Defendant transferred 1/2 shares to the Plaintiff on the same day among the claim for ownership transfer in the name of Eunpyeong-gu Seoul Building No. 101 Dong 1302, and completed provisional registration in the future; (c) the Defendant prepared an agreement to refund the above borrowed money to the Plaintiff on March 19, 2008 by April 11, 2008 x 205 x 106 x 205 x 106 x 207 x 105 x 205 x 106 x 205 x 205 x 105 x 205 x 106 x 105 x 205 x 14,208 x 15,2008.
Therefore, the defendant is obligated to pay to the plaintiff 87,450,469 won [=50,000 won (56,885,245 won - 19,434,76 won) and damages for delay calculated by the rate of 24% per annum from November 16, 2012, which is the day following the above dividend day to the day of full payment, to the day of full payment.
3. Conclusion