1. The Defendant’s KRW 100,579,452 as well as the Plaintiff’s annual rate from December 8, 2016 to October 12, 2017, and the following.

(2) On November 18, 2009, Nonparty C lent KRW 34,00,00 to the Defendant with interest rate of 30% per annum and on May 18, 2010. At that time, Nonparty C agreed to pay damages for delay at the rate of 30% per annum on the delayed principal and interest when repayment of principal and interest is delayed. C transferred all of the loan claims to the Plaintiff on April 4, 2016, and granted the Plaintiff the authority to notify the assignment of claims, and the Plaintiff sent the notice of assignment of claims on September 19, 2016, but became impossible to deliver, and accordingly, it can be recognized that the Plaintiff notified the transfer of claims to the Defendant by serving a preparatory document on September 5, 2017 ( September 14, 2017).

2. Determination as to the cause of action

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the interest rate of KRW 34,00,000 as principal and its interest rate of KRW 30% per annum from November 18, 2009 to July 14, 2014 (i.e., the agreed interest rate of KRW 34,506,849 (i.e., the overdue interest rate of KRW 34,000,000)* 0.3* 0.3* 1700 days/ 365 days) and the following day from July 15, 2014 to October 10, 2016 (i.e., the interest rate of KRW 19,072,60,000) calculated by 25% per annum from July 14, 2014 (i.e., the interest rate of KRW 34,000,000) and damages for delay, KRW 304,709,7405.705

B. Meanwhile, since the obligation for delay of a pecuniary obligation is a damage liability arising from the delay of the monetary obligation, and the obligation for which the due date is not specified, the obligor is liable for delay from the time when the obligor receives a claim for performance from the obligee (see Supreme Court Decision 2009Da59237, Dec. 9, 2010). Meanwhile, since it is recognized that there is only dispute as to the existence and scope of the obligation of the Defendant from the day following the delivery date of the written complaint to the day when the judgment is rendered, it shall be 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following