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1. The defendant shall pay to the plaintiff KRW 202,00,000 and KRW 162,00,000 from December 31, 2008 to KRW 40,00,00.
Reasons
1. Judgment on the plaintiff's claim
A. The fact of recognition that the Plaintiff received a promissory note from the Defendant on April 21, 2008 as the face value of KRW 60,000,000, and the due date as of August 20, 2008, and lent KRW 60,000,000 for each of the promissory notes with the face value of KRW 102,00,000 for the same day, and the due date of payment as of December 30, 2008. On May 6, 2009, the Plaintiff lent KRW 102,00,000 for each of the promissory notes with the due date set as of October 27, 2009.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3, the purport of the whole pleadings
B. According to the above facts of determination, with respect to the Plaintiff’s total amount of KRW 202,00,000 and the total amount of KRW 162,00,000 as of April 21, 2008, the Defendant is obligated to pay to the Plaintiff 102,000,000 as of December 31, 2008 following the due date of payment of KRW 102,00,000, and with respect to KRW 40,000,00 as of May 6, 2009 from October 28, 2009 following the due date of payment to September 19, 2015, the delivery application date of the payment order of this case, 5% per annum as prescribed by the Civil Act, and 20% per annum as to the promotion of litigation until September 30, 2015, and 15% per annum as prescribed by the Special Act on Civil Procedure.
The Plaintiff sought payment of the amount calculated at the rate of 5% per annum from May 7, 2009, the following day following the date of borrowing of KRW 40,000,000 on May 6, 2009. However, there is no evidence as to the fact that there was an agreement on interest on the said borrowed amount, and therefore, the Plaintiff is obligated to pay damages for delay from the day following the due date of payment. Thus, the Plaintiff’s claim for this part is without merit.
In addition, the Plaintiff sought payment of damages for delay at the rate of 20% per annum from the day following the delivery of the duplicate of the application for the instant payment order. However, the statutory interest rate is amended by Presidential Decree No. 26553, Sept. 25, 2015; and it is effective from October 1, 2015, exceeding 15% per annum from the damages for delay after October 1, 2015.