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1. The Defendant’s KRW 85,00,000 and its amount shall be 15% per annum from February 22, 2019 to May 31, 2019 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On August 22, 2017, the Plaintiff and the Defendant filed a lawsuit seeking payment of KRW 35 million out of the above loan amounting to KRW 120 million against the Defendant (No. 863 of the D2017), and on September 14, 2017, 2017, the Plaintiff agreed to pay KRW 120 million to the Defendant on September 14, 2017, with interest rate of KRW 8% per annum, and interest interest interest interest rate of KRW 25% per annum, and C signed a notarial deed (No. 863 of the D2017, a notary public, a law firm) with the effect that “the Plaintiff shall jointly and severally guarantee the Defendant’s loan obligation to the Plaintiff.” (No. 2) on January 15, 2019, the Plaintiff filed a lawsuit seeking payment of KRW 35 million out of the above loan amounting to KRW 120 million (No. 2018da56499).
3) As indicated in the separate sheet of calculation of the amount appropriated, the Plaintiff received a total of KRW 22,10,454 from November 1, 2017 to October 10, 2019 from C, E, etc., on seven occasions. The amount of each of the above repayment was fully appropriated for the interest and interest interest accrued until October 10, 2019 with respect to KRW 85,00,000 as of October 11, 2019, and the amount of interest accrued at KRW 21,048,010 with interest accrued as of October 11, 2019.
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 85,00,000 and damages for delay calculated at the annual rate of 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 22, 2019 to May 31, 2019, following the delivery date of a copy of the complaint, as the Plaintiff seeks. Article 3(1) of the former Enforcement Decree of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) and from the following day to the date of full payment.
2. The defendant's assertion is judged.