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1. The defendant shall pay to the plaintiff KRW 5,926,848 as well as KRW 18,00,000 among them, from December 9, 2016 to the day of full payment.
Reasons
1. Indication of claim;
A. The Plaintiff loaned total of KRW 18,00,000 to the Defendant on August 20, 1996, KRW 5,000,000 on November 29, 1996, and KRW 18,00,000 on December 17, 1996.
B. The plaintiff filed a lawsuit against the defendant for a loan claim against the Seoul Central District Court 2006Gaga131727. On June 26, 2006, the above court rendered a decision of performance recommendation to the effect that "the defendant shall pay to the plaintiff the amount of KRW 18 million and the amount calculated by the rate of 5% per annum from January 1, 1997 to the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of complete payment." On August 14, 2006, the above performance recommendation decision was served on the defendant, and on August 29, 2006, the above performance recommendation decision became final and conclusive.
C. Since March 31, 2008, the Plaintiff received reimbursement of KRW 6.4 million from the Defendant.
However, the above 6.4 million won was paid for the interest of 18,000,000 won from January 1, 1997 to August 14, 2006, the service date of a copy of the complaint in the Seoul Central District Court 2006da131727 case, and the interest of 14,530,684 won from the next day to March 31, 2008. Thus, the above repayment was first appropriated for the interest of 18,00,000 won.
Therefore, the Defendant is obligated to pay to the Plaintiff 5,926,848 won (i.e., the principal amount of KRW 18,00,000,000 as of March 31, 2008, the remainder of interest or delay damages (20% delay damages per annum from April 1, 2008 to July 8, 2016) and the leased principal of KRW 18,00,000,00 per annum from the day following the delivery date of a copy of the complaint in this case to the day of full payment) to the Plaintiff at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the day on which the copy of the complaint in this case is served to the day of full payment.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;