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1. The Defendant’s annual interest in KRW 97,142,855 and KRW 97,003,20 among the Plaintiff, from August 30, 2019 to September 20, 2019.
Reasons
1. There is no dispute over the fact that the Plaintiff lent a total of KRW 98,003,200 to the Defendant from June 12, 2018 to March 11, 2019, and barring any special circumstance, the Defendant is liable to pay the Plaintiff damages for delay from June 5, 2019, which is the day following the delivery of a copy of the instant complaint, to the Plaintiff, barring any special circumstance.
2. On May 10, 2019 and the same year, the defendant's defense of payment by the defendant
8. 29 Each of the claims that the reimbursement of KRW 1 million was made.
Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs B and B, the Defendant is recognized to have repaid KRW 1 million each on May 10, 2019 and August 29, 2019.
If each of the above repayment amounts is appropriated in accordance with the order stipulated in Article 477 of the Civil Code, first of all, the repayment amount of one million won as of May 10, 2019 shall be appropriated for the principal, since no interest or delay damages have occurred after the maturity date.
A repayment of KRW 1 million from August 29, 2019 (i.e., KRW 97,003,200 (i.e., KRW 98,003,200 - KRW 1,000,000) remaining after appropriation as above and its payment is made from June 5, 2019 to August 29, 2019, the day following the delivery date of a copy of the complaint of this case.
Ultimately, the Plaintiff’s loan claims against the Defendant amounting to KRW 97,142,855 (=97,003,200 KRW 139,655) and the principal amounting to KRW 97,003,20,000 from August 30, 2019 to September 20, 2019, which is the date following the last repayment date, have a considerable dispute over the existence and scope of the Defendant’s obligation, 5% per annum under the Civil Act from August 30, 2019 to September 20, 2019, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
3. The plaintiff's claim is partially accepted and the remainder is dismissed.