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1. The defendant shall pay to the plaintiff KRW 27,00,000 as well as 25% per annum from May 21, 200 to July 3, 2006.
Reasons
1. The facts below the basis of facts are without dispute between the parties, or recognized by Gap 1, 2, and all purport of the pleading.
A. On July 11, 1996, the following adjustments were established in Suwon District Court 94Kadan5156, the Plaintiff filed against the Defendant.
The defendant shall pay 40,000,000 won to the plaintiff, and 20,000,000 won among them shall be paid in installments until July 31, 1996, and the remaining 20,000,000 won as of the end of each month from August 1, 1996 to March 3, 1998.
B. When the defendant delays the above amount to the plaintiff three times, he/she shall lose the benefit of time and shall pay the remainder of the unpaid amount and the amount calculated by adding 25 percent per annum to the date of full payment from the following day after delay.
C. The remaining claims of the plaintiff and the claims of the plaintiff C and D are waived.
Litigation costs and conciliation costs shall be borne by each person.
B. The plaintiff was paid the principal of KRW 13,000,000 by the defendant under the above conciliation, but did not receive the difference of KRW 27,000,000 and delay damages.
C. For the interruption of extinctive prescription, the Plaintiff applied for a payment order against the Defendant on June 27, 2006 and received a payment order from the Defendant on August 1, 1996 to the service date of this payment order ( July 3, 2006), stating that “The Defendant shall pay to the Plaintiff 27 million won and the amount calculated at the rate of 25% per annum from the next day to the day of complete payment (the day of July 3, 2006).” This was finalized on July 19, 2006.
The plaintiff filed a new application for the payment order in this case for the interruption of extinctive prescription, and the defendant filed an objection against the payment order and brought an action in this case.
2. According to the above facts of determination as to the cause of the claim, the Defendant shall pay to the Plaintiff the principal amounting to KRW 27,00,000,000, and 25% per annum from August 1, 1996 to July 3, 2006, as the Plaintiff seeks, 20% per annum from the next day to July 18, 2016, and the next day to the next day.