1. The Defendant’s KRW 6,823,947,693 as well as the Plaintiff’s annual rate from September 30, 2017 to November 30, 2017, and the following.

In fact, there is no dispute between the parties on the following facts.

On September 5, 2011, the Plaintiff leased KRW 32,232,675,216 to the Defendant at 8.5% per annum and due date on September 5, 2016, and thereafter, the Plaintiff and the Defendant agreed to cover some of the above loans in the order of principal and interest.

Since February 17, 2014 to November 18, 2016, the Defendant repaid the Plaintiff totaling KRW 35,400,308,266.

Accordingly, all and part of the principal and interest of the loan were extinguished by repayment, and the interest on the loan remaining as of November 18, 2016 is KRW 7,406,689,660.

On September 29, 2017, the Defendant repaid the Plaintiff additional KRW 920 million.

Judgment

Plaintiff’s assertion

The original copy of the instant payment order was served on December 26, 2016 on the Defendant. However, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the statutory rate stipulated in Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day with respect to the interest on remaining loans of KRW 7,406,689,660.

As of September 29, 2017, as of September 29, 2017, 843,145,083 won (i.e., 7,406,689,660 won x 15% x 277 days/365 days) for delay damages on the remaining interest on the loan (i.e., remaining interest on the loan). The amount of KRW 920 million additionally paid shall be appropriated in order of 76,854,917 out of the above delay damages and the remaining interest on the loan.

Therefore, the Defendant is obligated to pay the interest remaining in the Plaintiff (i.e., KRW 7,406,689,660 - 76,854,917) and damages for delay.

Judgment

Since it is apparent in the record that the original copy of the instant payment order was served on December 26, 2016, the Defendant shall be held liable for the interest on the remaining loan amounting to KRW 7,406,689,660 from December 27, 2016, whichever is next day.

I would like to say.

On the other hand, the plaintiff asserts that the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings should be applied with respect to the interest rate on delay, but Article 3 (1) of the Act on Special Cases Concern