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1. The defendant's KRW 41,800,000 and its importance to the plaintiff
A. From October 17, 2013 to April 21, 2015, 32,000 won
Reasons
1. The following facts may be acknowledged in light of the purport of the whole pleadings in each entry of Gap evidence Nos. 2 through 5, and No. 7.
On September 17, 2013, the Plaintiff was unable to pay KRW 32 million to the Defendant after setting the interest rate of KRW 30% per annum, and on April 3, 2014, the repayment period of KRW 32 million was set on November 17, 2014 between the Defendant and the Defendant.
B. Meanwhile, upon the Defendant’s solicitation on September 2012, the Plaintiff subscribed to the number fraternity operated by the Defendant’s East C (50,000 won, KRW 250,000,000, and KRW 21,000,000), but did not receive KRW 5,955,00,000 from C on June 11, 2014, which is the date when the accounts are prohibited. On April 2013, 2013, the Plaintiff subscribed to the number fraternity operated by the Defendant ( KRW 11,00,000,000, KRW 1,000,000, and KRW 1,000,000,000) at the Defendant’s recommendation, but did not receive the said fraternity, but did not receive it.
Accordingly, around February 2015, the Plaintiff agreed to pay KRW 3 million between the Defendant and the Defendant, KRW 5.95 million out of the limit amount to be paid by the Defendant, KRW 6 million from the Defendant’s deposit amount to KRW 5.95 million, and KRW 9.8 million from February 28, 2015 to May 28, 2017, the Plaintiff paid KRW 9.8 million in total from February 2015 to May 2017. However, the Plaintiff agreed to lose the benefit of time when the Defendant violated the obligation even once.
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the amount of KRW 41.8 million and the amount of KRW 32 million among the loans, at the rate of 30% per annum from October 17, 2013 to April 21, 2015, which is the delivery date of the original copy of the instant payment order, as the defendant seeks, for delay damages at the rate of 30% per annum; for the remaining agreed amount of KRW 9.8 million from April 22, 2015 to September 30, 2015, the delivery date of the original copy of the instant payment order, 20% per annum from April 22, 2015 to September 30, 2015, and for the remaining agreed amount of KRW 9.8 million, the plaintiff's claim is above.