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1. The Defendant’s interest rate of KRW 64.5 million and KRW 30 million among the Plaintiff shall be from December 8, 2018 to the date of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 3 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff lent KRW 30 million to the Defendant on April 17, 2008 by setting the monthly interest rate of KRW 4% and October 5, 2008.
From May 1, 2008 to September 30, 2018, the Plaintiff received 75 million won (=30 million won ¡¿ 24% x 24% x (105/12) out of the Defendant’s 40.5 million won (4.8 million won in 2012, 9.6 million won in 2013, 2020 million won in 2014, 9.3 million won in 2015, and 6.6 million won in 2016) from the Defendant.
Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff the interest for delay calculated at the rate of 24% per annum within the agreed rate from December 8, 2018 to the day of full payment, as requested by the plaintiff, for the interest for delay calculated at the rate of 64.5 million won [the principal amount = KRW 34.5 million (=the interest for delay at the rate of KRW 75 million - 40.5 million) and the principal amount among the above amounts: the interest for delay calculated at the rate of 2.4% per annum within the limit of the agreed rate from December 8, 2018 to the day of full payment, and for 34.5 million won, from December 8, 2018 to May 31, 2018 to the day following the day of service of the original payment order under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, to the amount of KRW 15% per annum, and from the next day to the day of full payment.
(A) The Plaintiff seeks payment of the amount calculated at the rate of 15% per annum from the day after the delivery of the original payment order to the day of full payment. However, the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 29768, May 21, 2019 and the interest rate of 12% per annum shall apply from June 1, 2019).