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1. The defendant shall be the plaintiff.
A. From March 23, 2016 to September 2, 2016, KRW 65,087,253 and KRW 41,419,161 among them.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the purport of the entire pleadings as indicated in the evidence No. 1, when the Plaintiff continuously lent money to the Defendant from July 25, 2011 to August 15, 2015, the Plaintiff settled the total amount of the principal and interest on the loans during the period between the Defendant and the Defendant at KRW 266 million, and the Defendant has an obligation to pay the Plaintiff the installment repayment agreement (hereinafter “instant installment repayment agreement”) to the effect that the monthly equal amount of principal and interest shall be repaid for 60 months from the date of the above settlement of accounts by applying the interest rate of 12% per annum to the Plaintiff, and where the principal and interest are repaid equally for 66 million won by applying the rate of 12% per annum to the loan principal and interest for 60 million won, the amount of redemption shall be calculated as KRW 5,917,023 per month, and the payment date of installment repayment under the instant installment repayment agreement shall be calculated as 15 days per month. As such, the Defendant is obligated from September 15, 2015, 2015.
B. However, on August 9, 2016, which is the closing date of pleadings in the instant case, KRW 65,087,253 [total amount of KRW 5,917,023 per month + 11 months (from September to July 2016)]. As such, the Defendant is liable to pay damages for delay calculated on the following day of the instant lawsuit by 41,419,161 won for which the Plaintiff notified payment by March 22, 2016, as the delivery of the duplicate of the application for the instant payment order by the Plaintiff among the above amount and the amount from September 23, 2015 to July 2016] as to the service of the duplicate of the application for the instant payment order by the date the Plaintiff notified the payment by March 22, 2016 [41,419,023 won per annum 5,917,023 won per annum from September 23, 2015 to March 2016].
C. Furthermore, the Plaintiff is seeking to pay the full amount of the installment repayment that has not yet arrived.