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1. The Defendant shall pay to the Plaintiff KRW 50,400,000 and the interest rate of KRW 15% per annum from October 2, 2015 to the day of complete payment.
Reasons
1. The Defendant, even if he/she borrowed money from the Plaintiff without the ability or intent to complete the payment. On June 30, 2014, the Defendant made a false statement to the Plaintiff, stating, “I will pay high interest rate and pay money in one lump sum if I want to do so if I want to do so.” From June 30, 2014 to December 27, 2014, the Defendant acquired 50,400,000 won in total from the Plaintiff on 16 occasions as shown in the attached Form.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 2, 2015 to the day following the day of service of the original copy of the instant payment order sought by the plaintiff with compensation for damages to the plaintiff, and from October 2, 2015 to the day of full payment (the plaintiff claims for the payment of damages for delay calculated at the rate of 20% per annum. However, although the statutory interest rate under the above Act is reduced to 15% per annum, the "Provisions on the statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings" was amended to reduce the statutory interest rate to 15% per annum, and thus
3. As to the Defendant’s assertion and its determination, the Defendant asserted that the Defendant repaid KRW 3.4 million from June to July, 2014, and KRW 3.4 million from July 10, 2015. However, there is no evidence to acknowledge it, and the Defendant’s assertion is without merit.
4. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as there is no ground.