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1. The Defendant’s KRW 60,000,000 and its amount annually from September 6, 201 to July 15, 2014 to the Plaintiff.
Reasons
1. According to the evidence Gap's evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff lent KRW 60 million to the defendant around October 22, 2009. The defendant agreed to pay the above money in installments from November 30, 2009 to November 30, 2010. The plaintiff and the defendant did not have interest on the above loan, but they agreed to pay damages for delay at the rate of 30% per annum for the delayed principal.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above KRW 60 million and the damages for delay from December 1, 2010, which is the day following the due date for payment, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant asserted that the Defendant repaid to the Plaintiff KRW 32,820,253 in total by repaying KRW 4,463,268 in accordance with the procedures set forth in the U.S. District Court No. 201 and the U.S. District Court No. 6940, Mar. 21, 2009; KRW 4,463,268 in total; and KRW 9,356,985 in Ulsan District Court No. 2015, Apr. 39, 2015.
B. (1) According to the statement in Eul evidence 1, the defendant is deemed to have remitted the above money to the plaintiff on January 6, 2009, and March 21, 2009. However, the above time when the defendant claims that the above loan was repaid cannot be deemed to have been repaid because it was less than the lending date.
(2) According to the evidence evidence Nos. 2 and 3, the Defendant may recognize the fact that the Defendant paid to the Plaintiff KRW 13,820,253 in total, KRW 13,85,00,00 from June 14, 2012 to May 15, 2014, KRW 4,463,268, and KRW 9,356,985 on November 20, 2017.
If the above money is preferentially appropriated for damages for delay on the above loan in accordance with the order of statutory appropriation for performance, the interest equivalent to 280 days (13,820,253 won x 365 days ± 18,000,000 won, and the small figure is calculated for calculation convenience) for 60,000 won per annum (13,820,253 won).
(3) If so, the defendant shall pay 60 million won to the plaintiff and it.