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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from November 26, 2008 to July 12, 2015.
Reasons
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and all the arguments, the plaintiff may recognize that the plaintiff lent KRW 50,000,00 to the defendant on May 25, 2008 by the due date for repayment until November 25, 2008. The defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 50,000 per annum from November 26, 2008 to July 12, 2015, when it is evident that the original copy of the payment order of this case was served on the defendant from November 26, 2008 until the date when the original copy of the payment order of this case was served on the defendant, and 5% per annum from the next day to September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the next day to the due date to the due date.
[Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order. However, pursuant to Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective Oct. 1, 2015) and Article 2(2) of the Addenda of the same Act, the Plaintiff’s claim for the payment of damages for delay exceeding the rate of 15% per annum from October 1, 2015, among the Plaintiff’s claim, is dismissed.