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The defendant shall pay 40,00,000 won to the plaintiff and 12% per annum from July 7, 2020 to the day of complete payment.
Reasons
1. In light of the purport of the entire argument in Gap evidence No. 1, it can be acknowledged that the plaintiff, at the defendant's request of around 2010, lent money to the plaintiff about 2010 and did not receive any return. The defendant agreed on October 30, 2010 to pay to the plaintiff KRW 50 million until November 16, 2010, and there is no counter-proof, and the plaintiff received KRW 10 million out of the above agreed amount from the defendant.
2. According to the above facts of recognition, the defendant is obligated to pay damages for delay calculated by the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 7, 2020 to the date of full payment, which the plaintiff seeks, as agreed upon after the due date of the agreement, to the plaintiff, barring special circumstances (=50 million won - 10 million won) and the amount of damages for delay calculated by the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 7, 202
3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.