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1. The Defendant’s KRW 241,506,849 and its weight to the Plaintiff:
(a) KRW 200 million shall be from March 31, 2018 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. On June 1, 2017, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 250 million to the Defendant at an annual interest rate of KRW 25 million; and (b) March 30, 2018, the due date of reimbursement of KRW 241,506,849 (i.e., interest rate of KRW 200 million up to March 30, 2018) against the Defendant; and (b) accordingly, the Plaintiff is entitled to the payment of damages for delay calculated at the rate of KRW 25% per annum, which is the agreement between March 31, 2018 and the date of full payment.
B. 1) Comprehensively taking account of the purport of Gap evidence and the entire pleadings, the Plaintiff is obligated to pay the Plaintiff a total of KRW 241,50,849 (=200 million) interest accrued from June 1, 2017 to March 30, 2018, including the loan amount of KRW 200,000 per annum and KRW 25,000 on March 10, 2018. (2) Accordingly, the Defendant is obligated to pay the Plaintiff a total of KRW 41,50,506,849 (i.e., KRW 200,000 x 25% per annum x 303 x 365 days / 365, and KRW 849).
3) However, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 25% per annum with respect to the above accrued interest rate of KRW 41,506,849, but there is no evidence to deem otherwise agreed on the interest rate of KRW 41,506,849, or that the rate of the agreement on the leased principal is also applicable to the damages for delay with respect to the interest rate of KRW 39,845,00,000,000,000,000 per annum from March 31, 2018 to the date of full payment. However, the part of the Plaintiff’s claim is without merit, which exceeds the statutory interest rate under the Civil Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.) Ultimately, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated at the rate of KRW 25% per annum with respect to the above borrowed interest rate of KRW 200,000,000,0000 from March 31, 2018.