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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from May 4, 2017 to September 12, 2017.
Reasons
1. Indication of claim;
A. On May 4, 2015, the Plaintiff loaned KRW 20 million to the Defendant at KRW 70,000,000 per month after the due date for payment, and around April 2016, the Plaintiff changed the interest on the said loan to KRW 80,000 per month and the due date on May 4, 2017.
The Defendant paid interest on the said loan to the Plaintiff by April 4, 2017, but did not pay the principal and interest accrued therefrom.
B. C around March 31, 2016, around March 31, 2016, leased to the Defendant KRW 30 million with the due date set at KRW 1.8 million per month for payment and interest.
The defendant paid interest on the above loan to C by the end of March 2017, but did not pay the principal and interest accrued thereafter.
C. On June 14, 2017, C transferred the above loan claims against the Defendant to the Plaintiff, and on the same day, C notified the Defendant of the assignment of claims.
Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 50 million and damages for delay at the rate of 5% per annum as stipulated by the Civil Act from May 4, 2017 to September 12, 2017, the delivery date of a copy of the instant complaint from September 12, 2017, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).
3. The Plaintiff’s partial dismissal of the Plaintiff claimed payment of KRW 57 million and delay damages therefrom, including interest accrued at KRW 50 million in total. However, even if the Plaintiff’s assertion is based on the Plaintiff’s assertion, the Defendant paid interest to the Plaintiff up to April 4, 2017, and up to March 2017. The evidence submitted by the Plaintiff alone is insufficient to acknowledge the existence of the above claim amounting to KRW 7 million, and there is no other evidence to prove otherwise. Accordingly, the Plaintiff’s assertion on the above part is rejected.