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1. The defendant shall pay to the plaintiff the amount of KRW 426,638,857 and the amount of KRW 420,225,08 among them to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff: (a) determined that interest shall be KRW 30,00,00 on June 21, 2016; (b) KRW 60,00,000 on July 20, 2016; (c) KRW 100,000 on September 27, 2016; (d) KRW 60,00,000 on October 5, 2016; and (e) KRW 0,000 on October 50, 200 on October 17, 2016; and (e) KRW 80,000,000 on March 8, 2017; and (e) KRW 10,000 on March 28, 2017; and (e) KRW 10,000,00 on May 10, 2017; and
(hereinafter “each of the instant loans”). (b)
The Defendant repaid the Plaintiff KRW 190,930,00 on April 14, 2017, KRW 30,167,000 on June 29, 2017, and KRW 50,000 on January 11, 2018, respectively.
C. On the other hand, on June 29, 2017, the Defendant prepared and delivered to the Plaintiff a certificate of monetary rent of “460,000,000 won for tea, interest rate of 3% per month, and maturity of payment on September 26, 2017” (hereinafter “the instant certificate of loan”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Plaintiff’s assertion 1) On June 29, 2017, the Plaintiff leased KRW 460,00,000 to the Defendant on a monthly basis and September 26, 2017. As such, the Defendant is obligated to pay the Plaintiff the interest or delay damages at the rate of KRW 460,00,000 and KRW 25% per annum, which is the maximum interest rate under the Restriction Act, from June 29, 2017 to the date of full payment. The Defendant’s repayment of KRW 50,00,000 to the Defendant on January 11, 2018, either the interest or delay damages from KRW 62,068,493 (=460,000,000) up to January 11, 2018, or the interest or delay damages from KRW 62,068,493 won up to KRW 460,00,000, X2537,00.
) The amount to be paid by the Defendant to the Plaintiff as of January 11, 2018 is the sum of KRW 460,000,000 for principal and KRW 12,068,493 for delay damages (= KRW 62,068,493 - KRW 50,000) plus KRW 472,068,493 for 460,000 for 460,068,493 (= KRW 12,068,493), and as of July 29, 2018, the principal amount is KRW 460,000 for 460,000 for delay damages, KRW 74,767,67,123 for 62,698,630 for 460,000 for X-25,000 for 1935/65).