1. The defendant shall pay 46,00,000 won to the plaintiff and 12% per annum from June 3, 2019 to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff lent to the Defendant KRW 10 million on May 24, 2010, KRW 6 million on June 29, 2010, KRW 5 million on July 8, 2010, KRW 15 million on July 27, 2010, and KRW 10 million on September 28, 2010, respectively.

B. On July 11, 2018, the Defendant: (a) prepared a memorandum of loan (Evidence A No. 4) stating that “for the repayment of each of the above loans, KRW 36 million out of the total amount of each of the above loans shall be repaid until August 30, 2018; and (b) KRW 16 million shall be repaid until November 30, 2018; and (c) delivered it to the Plaintiff; and (d) again, on November 29, 2018, the Defendant prepared a letter of loan payment stating that “each of KRW 46 million out of the total amount of each of the above loans shall be repaid until December 22, 2018, KRW 26 million shall be repaid to the Plaintiff by not later than February 26, 2019” (Evidence A).

C. However, the defendant did not pay each of the above loans until the date of the closing of the argument in this case.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4, 5, 6, 9, and 10, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 3, 2019 to the day of full payment, which is clear that the day after the original copy of the instant payment order was served, as requested by the Plaintiff, as the total amount of each of the above loans of KRW 46 million and each of the above repayment periods.

B. On the other hand, pursuant to the provision on statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019; hereinafter “the provision on statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings”), the Plaintiff seeks to pay damages for delay calculated at the rate of 15% per annum from the day following the day of service of the original copy of the payment order

However, the provisions on statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be May 2019.