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1. The Defendant shall pay to the Plaintiff KRW 890,819,178, and KRW 500,000 among the costs, from December 7, 2018 to the day of full payment.
Reasons
Description of Claim
On January 19, 2007, the Plaintiff lent KRW 500 million to the Defendant on February 19, 2008, at the interest rate of 12% per annum, and at the interest rate of 24% per annum.
The amount of payment No. 12 million won on August 31, 2007, 12, 9. 12 million won on March 2, 2012, 200, KRW 11.6 million on September 11, 2007, KRW 30 million on September 50, 2012, KRW 30 million on September 18, 2007, KRW 14 million on December 27, 2012, KRW 4.6 million on June 17, 2008, KRW 8 million on June 201, KRW 16.4 million on June 24, 2005, KRW 7 million on June 17, 2008, KRW 8 million on April 1, 2015, KRW 2000,000 on August 23, 2013.
Therefore, the Defendant, as of February 19, 2008, 890,819,178 won [=50 million won = 1,256,219,178 won, calculated by the rate of 24% per annum from June 19, 2008 to December 6, 2018, the Plaintiff sought from June 19, 2008, (i) 256,219,178 won (=50 million won ¡¿ 3823/365 x 24%) - 865,40,000 won (interest and delay damages accrued until the date of payment, which is higher than the amount paid at the time the Plaintiff was paid, and (ii) pursuant to Article 479 of the Civil Act, the Defendant first made payment of interest and delay damages prior to the payment of the principal.
In addition, 50 million won is liable to pay damages for delay calculated at the rate of 24% per annum, which is the rate of damages for delay from December 7, 2018 to the date of full payment.
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;