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1. As to KRW 525,534,664 and KRW 434,868,00 among the Plaintiff, the Defendant shall annually year from October 23, 2008 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On July 28, 2006, the Plaintiff filed an application for the payment order with the Seoul Central District Court No. 2006 tea47628, the Plaintiff received the payment order against the Defendant, stating that “the Defendant shall pay the Plaintiff 890,66,660 won and 800,000,000 won which are calculated at the rate of 20% per annum from August 3, 2006 to the date of full payment,” and the above payment order was finalized on August 18, 2006.
B. The Defendant repaid to the Plaintiff KRW 50 million on March 13, 2008, KRW 120 million on September 9, 2008, and KRW 70 million on October 22, 2008, respectively.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings
2. The Plaintiff’s claim as to the Plaintiff’s claim is filed for the interruption of the statute of limitations for the above claim based on the payment order finalized. If the Defendant appropriated the amount repaid after the payment order became final and conclusive to the interest and principal as follows, the Defendant is ultimately liable to pay to the Plaintiff 20% per annum from October 23, 2008 to September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the next day to the date of full payment.
(4) From October 22, 2008 to October 29, 2016, on which the copy of the complaint of this case was served on the Defendant, the Plaintiff claimed damages for delay calculated by applying 20% per annum from the next day to October 29, 2016, and 15% per annum from the day of complete payment. However, it is reasonable to deem that damages for delay was calculated on October 23, 2008, the day following the day of final payment. The interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was revised to 15% per annum from October 1, 2015. The interest rate of 50 million won repaid on March 13, 2008 (i.e., 80,000,000, x 500,000,000 won x 5086,680,000 won per annum x 2086.68 billion won per annum)