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1. As to KRW 38,944,302 and KRW 5,926,709 among the above money to the Plaintiff, the Defendant shall pay to the Plaintiff KRW 38,94,302 from July 10, 2014 to November 27, 2014.
Reasons
1. Indication of claim;
A. On November 14, 2008, the Plaintiff loaned KRW 40,000,000 to the Defendant until November 14, 2011 at the maturity of payment, and damages for delay at the rate of fluctuation.
(hereinafter “The first loan”). The first loan amount in this case is 15,465,117 won with principal and interest as of July 10, 2014, the principal amount is 5,926,709 won, and damages for delay are 15.93% per annum.
B. On November 26, 2008, the Plaintiff loaned KRW 70,000,000 to the Defendant on November 26, 2008 by determining the due date until November 26, 201, and damages for delay at a fluctuation rate.
(hereinafter “The second loan”). The second loan amount in this case is 23,479,185 won with principal and interest as of July 10, 2014, the principal amount is 16,832,589 won, and damages for delay are 15.22% per annum.
C. Therefore, the Defendant: (a) calculated the Plaintiff at the rate of KRW 38,94,302 in total the principal and interest of each of the above loans (i.e., KRW 15,465,117 in the loans of this case; KRW 23,479,185 in the loans of this case); and (b) calculated the annual interest rate of KRW 5,926,70 in the loans of this case from July 10, 2014 to November 27, 2014, the delivery date of a copy of the instant complaint of this case; and (c) calculated at the rate of 15.93% in the annual interest rate of KRW 20% in the loans of this case from the next day to the date of full payment; and (d) calculated at the rate of annual interest rate of KRW 16,832,589 in the principal of the loans of this case to November 27, 2014 to the date of delivery of a copy of the complaint of this case.
2. Judgment by publication of the basis (Article 208 (3) 3 of the Civil Procedure Act).