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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
3. Judgment of the court of first instance is delivered with Paragraph (1).
Reasons
1. The plaintiff's ground for claim
A. The Plaintiff loaned KRW 6,00,000 to the Defendant on June 7, 2007, the due date of payment of KRW 600,000,000 to the Defendant on March 7, 2007; ② on March 30, 2007, the amount of KRW 10,000 was set at 10% per interest month; ③ on April 16, 2007, the Plaintiff lent KRW 22,00,000 to the Defendant on June 16, 2007 and the amount of KRW 5,00,000 for two months interest.
B. Therefore, the defendant is obligated to pay to the plaintiff the total amount of KRW 38,00,000 (=6,000,000 KRW 10,000,000) and the total of KRW 6,000,000 among them, from June 8, 2007; KRW 10,000,000 among them, from July 1, 2007; KRW 22,00,000 among them, from June 17, 2007 to the delivery date of a copy of the application for change of purpose and cause under the Interest Limitation Act; and KRW 25,00,00 among them, from the next day to the day of delivery of a copy of the application for change of purpose and cause of each of this case, interest and delay damages at the rate of 15% per annum as stipulated under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
C. Preliminaryly, the Defendant is obligated to pay the Plaintiff KRW 38,00,000 in total and KRW 6,000,000 per annum from June 8, 2007 to the delivery date of a copy of the application for alteration of claim and cause, 25% per annum, which is the limitation under the Interest Limitation Act, and 10,000,00 among them, 9% per annum from July 1, 2007 to the delivery date of a copy of the application for alteration of claim and cause, 22,00,000 among them, interest under the interest agreement, which is the interest under the interest agreement, from June 17, 2007 to the delivery date of a copy of the application for alteration of claim and cause.
3. The following circumstances, i.e., the Plaintiff’s wife and the Defendant’s children, who are the wife of the Plaintiff and the Defendant, acknowledged by the respective descriptions of evidence Nos. 1, 3, 11 through 14, and 23 and the purport of the entire pleadings.