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1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from October 31, 2014 to August 11, 2015 to the Plaintiff.
Reasons
In full view of the purport of each statement in Gap evidence Nos. 1 through 2 (including each number), the defendant borrowed KRW 30 million from the plaintiff on June 3, 2009, and agreed to pay KRW 10 million within the earlier date, the remainder within two months, and the defendant did not pay KRW 30 million to the plaintiff on the due date stipulated in the above agreement, and the defendant again prepared a letter of performance to pay KRW 30 million to the plaintiff on September 25, 2014 and delivered it to the plaintiff on October 30, 2014.
According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages at each rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from October 31, 2014, the following day after the payment date of the above loan to October 31, 2014, the existence and scope of the obligation.
Therefore, the plaintiff's claim of this case is justified within the above scope of recognition, and the remainder of the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.