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1. The defendant shall pay to the plaintiff KRW 410,167,213 as well as KRW 410,00,000 from April 2, 2008 to the day of full payment.
Reasons
1. On November 20, 2007, the Plaintiff determined 8% of the interest rate of KRW 210 million to the Defendant on May 31, 2008, and lent the amount due on May 31, 2008. On December 27, 2007, the Plaintiff determined 10% of the interest rate of KRW 20 million to the Defendant on May 27, 2008 and lent the amount due.
[Ground for recognition] Confession (Article 150(1) of the Civil Procedure Act, and the defendant submitted a written objection on December 11, 2017 after receiving a payment order, but the written objection does not contain any substantial content disputing the plaintiff's claim. Meanwhile, since the defendant did not appear on the first and second date for pleading, it shall be deemed that all of the plaintiff's assertion was led to confession.
2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff a loan of KRW 410 million, interest and delay damages, unless there are special circumstances.
Meanwhile, the Plaintiff: (a) was a person who received interest of KRW 38 million on November 20, 2007 and KRW 16.8 million on December 30, 2007; (b) applied the interest rate of KRW 30% per annum under the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201; hereinafter the same shall apply); and (c) applied the interest rate of KRW 30,000 to the leased principal until March 25, 2008; and (d) sought the payment of interest and delay damages from March 26, 2008; (c) the said KRW 38,000,000 to KRW 21,00,000,000 to KRW 38,000,000 per annum from November 26, 2007 to December 26, 2007; and (d) applied the interest rate of KRW 38,000,3684.86.1.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 410,167,213 [= interest of KRW 167,213 (= KRW 32,598,361 - KRW 32,431,148] and the amount of KRW 410,000,000 from April 2, 2008 to the date of full payment] to the Plaintiff at a rate of 30% per annum under the former Interest Limitation Act.