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1. The Defendant calculated the Plaintiff at the rate of 30% per annum from December 24, 2015 to the date of full payment.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 6, Eul evidence 1 to 4, and in full purport of all pleadings:
On November 26, 2001, the Plaintiff lent KRW 70,000,00 to the Defendant on May 25, 2002 at an annual interest rate of 40%. On the same day, a notary public prepared a notarial deed on November 26, 2001, which included the Defendant’s consent to compulsory execution, as the document No. 147 of the Cjoint Law Office No. 147 of November 26, 2001.
(hereinafter referred to as the “instant loan” and the said notarial deed are “instant notarial deed”). B.
As Seoul Central District Court 2013Da25317, the Defendant filed a lawsuit of demurrer against the Plaintiff to seek non-performance of compulsory execution based on the instant notarial deed. The Seoul Central District Court, around May 25, 2007, concluded between the Plaintiff and the Defendant to settle the instant loan obligations at KRW 25,00,000, and concluded that the Defendant paid KRW 20,000 to the Plaintiff. On January 16, 2015, “The compulsory execution based on the instant notarial deed is KRW 5,00,000,000, and the compulsory execution based on the instant notarial deed is 40% per annum from May 26, 2007 to June 30, 2007, the judgment of the Seoul Central District Court is dismissed.”
The Plaintiff appealed as Seoul Central District Court 2015Na13514, but on July 17, 2015, the appeal was dismissed. The Plaintiff appealed as Supreme Court Decision 2015Da51494 Decided November 26, 2015, but the appeal was dismissed on November 26, 2015, and the said judgment became final and conclusive.
(hereinafter referred to as the above, the Seoul Central District Court Decision 2013Kadan253317 (hereinafter referred to as the “Decision on the Objection of this case”).
On December 23, 2015, the Defendant (Seoul Central District Court Decision 28637), as the amount of debt pursuant to the judgment on the objection of this case, was KRW 17,920,547 as the amount of debt pursuant to the judgment on the objection of this case, and KRW 5,00,000 from May 26, 2007.