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1. The defendant shall pay to the plaintiff KRW 37,00,000 and KRW 24,379,726 among them, from May 5, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. On September 14, 2010, the Plaintiff made a voluntary adjustment (the following from the date of voluntary adjustment to the Defendant, and the Plaintiff’s claim against the Defendant following the voluntary adjustment to the effect that “The Defendant shall pay KRW 37,000,000 to the Plaintiff until December 31, 2010. If the Defendant fails to pay the above amount by the payment date, the damages for delay calculated at the rate of 20% per annum from the day following the date of payment to the date of full payment.”
B. The Plaintiff received reimbursement of KRW 20 million from the Defendant on December 30, 201, and KRW 3 million on July 5, 2013.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings
2. According to Article 479(1) of the Civil Act regarding the cause of the claim, when the obligor pays expenses and interest of one or more obligations, and the person performing the obligation has paid benefits that the obligor would not extinguish in the order of expenses, interest, and principal. According to the above facts, according to the voluntary adjustment in this case, the Plaintiff, according to the voluntary adjustment in this case, held against the Defendant the claim in this case as to the amount of the principal KRW 37 million and damages for delay calculated at the rate of 20% per annum from January 1, 201 to the date of full payment. The Defendant repaid KRW 20 million on December 30, 201, and KRW 3 million on July 5, 2013. Thus, if such reimbursement was made in the order of expenses, interest, and principal, the Plaintiff’s delivery of the principal KRW 37 million to the Defendant as indicated below shall be based on the service date of the complaint in this case as to the principal KRW 37 million and interest KRW 4737,2747,2747,27,2747,209.
On January 1, 201, 200% of 364,00,00, 379,726,726, 200,726, 379,726, 200,000, 72626,00,00, 24,379, 726, 379, 726, 376, 200, 200, 379, 200.