1. The defendant is based on the ratio of 28,00,000 won to 15% per annum from June 9, 2006 to the day of complete payment.

1. According to the reasoning of Gap's evidence No. 1 and the whole pleadings as to the cause of the claim, the plaintiff filed a lawsuit against the defendant for loans at this court 2005da131762, and the above court is recognized on August 7, 2006, which "the defendant shall pay to the plaintiff 28 million won and the amount calculated at the rate of 20% per annum from June 9, 2006 to the date of full payment."

According to the above facts of recognition, the defendant is obligated to pay the loan 28,000,000 won and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 9, 2006 to the date of full payment, as requested by the plaintiff.

2. Judgment on the defendant's assertion

A. The defendant's assertion asserts that the plaintiff paid 23 million won to the plaintiff around 2007 and 1.2 million won after the filing of the lawsuit in this case.

B. Determination 1) Although the Defendant alleged to pay KRW 23 million to the Plaintiff, there is no evidence to acknowledge this, the above argument is without merit. 2) The fact that the Defendant asserted to pay KRW 1.2 million to the Plaintiff after the instant lawsuit was filed does not conflict between the parties, but the Plaintiff expressed his intention to reduce the rate of delayed damage from 20% per annum to 1.5% per annum, taking into account the above fact into account at the first date of pleading, by 1.2 million won per annum from June 9, 2006 to November 8, 2016, which is the first date of pleading of this case. Thus, the amount of delayed damage amount to be paid by the Defendant to the Plaintiff is clearly higher than the principal amount of the loan and delayed damage amount to the Plaintiff.

Therefore, the defendant's above assertion is without merit.

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