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1.In accordance with changes in claims in the trial, the judgment of the first instance shall be changed as follows:
The defendant 66.4
Reasons
1. The following facts are either a dispute between the parties or a statement in Gap evidence Nos. 1 and 3, which can be acknowledged or recorded in the whole purport of the pleadings.
The Plaintiff wired the sum of KRW 25,00,000,000 from the account under the name of C to the account under the name of C on December 1, 2015, and KRW 6,000,000 on December 5, 2015, and KRW 6,000,000 on December 5, 2015, and KRW 25,000,000 on December 6, 2015, and KRW 20,000,000 on January 11, 2016 (hereinafter “first amount”). (b) The Plaintiff wired the money from the said account under the name of the Defendant to the account under the name of the Defendant on July 20, 2016 (hereinafter “the sum of KRW 49,50,000,000 on July 25, 2016”).
C. From February 6, 2015 to July 11, 2016, the Plaintiff received KRW 1,200,000 for two months from accounts under the name of C or Defendant, and KRW 6,200,000 for five times for the remaining months, and KRW 2,50,000 for five times for the remaining months, respectively.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff: (a) set the interest rate for the primary interest to the Defendant at 4% per month; and (b) set the period of repayment at the time of marriage of the Plaintiff’s children; (c) set the two principal interest rate at 3% per month; and (d) set the period of repayment on October 20, 2016, respectively.
However, the defendant paid to the plaintiff KRW 6,00,000 as interest for the primary money, and KRW 2,50,000 as interest for the primary money and KRW 2,50,00 as interest for the secondary money.
For the purpose of calculation, the Plaintiff is obligated to deduct 8,500,000 won (=6,00,000 won) from the principal of the primary interest paid by the Defendant. The Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the highest interest rate under the Interest Limitation Act, within the scope of the agreement from August 12, 2016 to the day of full payment (=16,50,000 won (=25,000,000 won - KRW 8,50,000) out of the primary interest amount).
B. The defendant's assertion.