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1. As to KRW 191,450,636 and KRW 190,836,964 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 22, 2018 to August 5, 2019.
Reasons
1. Determination as to the cause of claim
A. On March 24, 2016, the fact that the Plaintiff leased KRW 200 million to the Defendant on May 31, 2016, and that the agreed interest rate of KRW 6 million was set at KRW 6 million may be recognized either as a dispute between the parties, or as a whole, by adding the purport of the entire pleadings to the evidence Nos. 1 and 2.
In the absence of special circumstances, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest on the agreement, KRW 26 million, and damages for delay from June 1, 2016, which is the day following the due date for payment of the agreement.
B. The Plaintiff voluntarily recognized the Defendant’s reimbursement of KRW 40 million, such as the details of the repayment of the attached appropriation sheet.
If the Defendant pays to the Plaintiff the amount repaid by the Defendant in the order of the principal and interest of the agreement, the Defendant is obligated to pay to the Plaintiff the amount of 191,450,636 won (total sum of 190,836,964 won remaining after appropriation of the principal and interest of the agreement and 613,672 won) and damages for delay from December 22, 2018, the balance of the agreed principal and interest of KRW 190,836,964, whichever is next to the date of the final repayment to the day of the repayment.
(2) The Plaintiff is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from December 22, 2018 to August 5, 2019, to the date of delivery of the complaint in this case, and to pay 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 the following day to the date of full payment.
The plaintiff's claim shall be accepted within the extent of the above recognition, as reasonable, and the remainder shall be dismissed.