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1. The defendant shall pay to the plaintiff KRW 51,30,589 and KRW 20,000 among the costs, from December 5, 2017 to the day of full payment.
Reasons
1. Indication of claims: It shall be as shown in attached Form; and
2. Grounds for recognition: Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);
3. On December 4, 2017, the Plaintiff asserts that the leased principal as of December 4, 2017 is KRW 20,00,000, interest rate of KRW 31,326,575, and the Defendant claims payment of KRW 51,326,575 with respect to KRW 51,326,575 and the agreed interest rate of KRW 20,000 from December 5, 2017 to the date of full payment, 18,51,326,575 with respect to KRW 50,00, the agreed interest rate of KRW 51,326,575, which is the annual interest rate of KRW 55%, from the day after the copy of the complaint of this case is served to the day of full payment.
However, if the Plaintiff’s respective repayment amounts paid as interest is legally appropriated as indicated in the “statement of appropriation” as indicated in the “statement of appropriation amount,” the Plaintiff’s payment will remain as the principal amount of KRW 20,000,000 as of December 4, 2017, and interest KRW 31,300,589.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the annual rate of 18% per annum from December 5, 2017 to the date of full payment, with respect to KRW 51,300,589 ( KRW 20,000,000 of the leased principal and KRW 31,30,589) and the leased principal and KRW 20,000,000 of the leased principal, calculated at the rate of 18% per annum from December 5, 2017 to the date of full payment, with respect to KRW 31,30,589 of the interest accrued at the interest rate of KRW 31,30,589, which is the day following the delivery date of the copy of the instant complaint, to the date of full payment.
(2) The Plaintiff claimed damages for delay calculated by the agreement of 18% per annum even after the delivery date of a copy of the complaint with respect to KRW 20,000,000 on the leased principal. Thus, the part claiming damages for delay under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings against the said money is without merit.