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1. The defendant shall pay to the plaintiff KRW 50,000,000 among the costs and KRW 5,000,000 from March 1, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Defendant borrowed KRW 5,200,000 from the Plaintiff on August 31, 2015, KRW 10,000 on September 14, 2015, KRW 10,000 on September 14, 2015, KRW 1,60,000 on September 25, 2015, and KRW 23,182,00 on October 27, 2015, respectively, and around that time, borrowed KRW 5,20,00 on several occasions.
B. On February 29, 2016, the Defendant agreed with the Plaintiff to pay the principal of the loan amount of KRW 50,000,000 to the extent that the said principal would be repaid until March 31, 2016.
C. On October 27, 2015, the Defendant agreed to pay the interest calculated at the rate of 19% per annum to KRW 5,000,000 among the above loans, and to pay the Plaintiff interest calculated at the rate of 1% per month to KRW 25,00,000 ( KRW 250,000 per month).
Although the maturity of KRW 30,00,000 has been determined as of February 2016, it is deemed to have been changed to the agreement on February 29, 2016.
On September 14, 2015, the Defendant agreed with the Plaintiff to pay interest of KRW 20,000,000 per month (20,000) out of the above borrowed money.
Although the maturity of KRW 20,00,000 has been set as the end of January 2016, it is deemed that the agreement was changed on February 29, 2016.
E. The Defendant paid interest on the said borrowed money up to February 2016, but did not pay interest from March 2016.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 19% per annum, which is the interest rate of 50,000,000 won borrowed and 5,000,000 won among them, from March 1, 2016 to the date of full payment, and from March 1, 2016 to September 8, 2016 to the date of full payment, interest or delay damages calculated at the rate of 12% per annum, which is the statutory interest rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.
B. The Defendant suspended repayment until the end of March, 2016 to the end of March, 2016, and the Defendant was on March 2016.