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1. The Defendant’s interest in KRW 1,188,84,669 and the interest in KRW 685,54,680 among the Plaintiff shall be the year from November 1, 2017 to the date of full payment.
Reasons
1. The facts in the separate sheet No. 1 and No. 5 (Provided, That the “creditor” and “debtor” are changed to “Plaintiff” and “Defendant”) are either disputed between the parties, or acknowledged by considering the overall purport of the pleadings as a whole in the separate sheet No. 1 and No. 5.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum, which is the interest rate of 1,188,84,669 won and interest rate of 685,54,680 won and interest rate of 15% per annum from November 1, 2017 to the date of full payment.
2. The Defendant asserted that the extinctive prescription has expired. However, according to each of the evidence Nos. 4 and 5, the Defendant’s defense of the extinctive prescription is without merit, since it was acknowledged that each of the loans extended to the Defendant on the basis of a credit transaction agreement concluded between the Plaintiff and the Defendant was due on January 5, 2013. Since the Plaintiff filed an application for the instant payment order on December 28, 2017, which was before five years have passed since the Plaintiff’s extinctive prescription expired.
3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.