Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. On April 29, 2002, the Plaintiff made a decision on the cause of the claim to the Defendant on July 31, 2002, and the interest rate of KRW 30 million was set at 24% per annum and lent KRW 30 million to the Defendant on July 31, 2002, and there is no dispute between the parties. Therefore, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from March 16, 2014 to the date of full payment, as sought by the Plaintiff.
2. Judgment on the defendant's defense
A. The Defendant paid KRW 76.8 million to the Plaintiff as the repayment of the borrowed amount, and the Plaintiff applied for a voluntary auction on the real estate owned by the Defendant and received KRW 60 million in the dividend procedure. Accordingly, the Defendant’s defense that the borrowed amount was fully repaid to the Plaintiff.
(2) According to the purport of each of the above statements and arguments No. 3, No. 5 and No. 6 (including No. 1), and No. 20,000 won for 20,000 won for 20,000 won for 20,000 won for 30,000 won for 20,000 won for 20,000 won for 30,000 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 3,000,000 won for 2,00 won for 3,00,000 won for 3,000 won for 2,00 won for 4,00 won for 3,00,000 won for 2,00 won for 3,000 won for 2,00 won for 3,000 won for 2,000 won for 3.