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1. The Defendant shall pay to the Plaintiffs KRW 100,000,000 and 1.5% per month from September 20, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On July 18, 2012, the Plaintiffs decided to lend KRW 100 million to the Defendant at the maturity of payment on July 18, 2017 and at the rate of 2% per month (payment on July 19, 2017). On July 19, 2012 and July 20, 2012, the Plaintiffs paid KRW 100 million each to the Defendant as the above loans.
B. The Defendant paid the Plaintiffs interest of KRW 2 million per month (10 million x 2% per month) from August 19, 2012 to December 19, 2013. However, from January 19, 2014 to December 19, 2015, the Defendant paid only KRW 1.5 million per month (10 million x 1.5% per month) with the consent of the Plaintiffs until December 19, 2015, and the interest and delay damages in arrears from February 19, 2016 to September 19, 2018 shall amount to KRW 22 million in total.
【Fact-finding without dispute over the basis of recognition, Gap 1 through 4 (including more than one number), the purport of the whole pleadings.
2. Determination
A. According to the above facts as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiffs damages for delay calculated by the ratio of 1.5% per month, which is the agreed rate from September 20, 2018 to September 20, 2018, for which the Plaintiffs seek as the repayment period.
Furthermore, the Plaintiffs seek to the Defendant for the payment of damages for delay calculated by the rate of 2% per month agreed upon with respect to the above loans.
On July 18, 2012, the plaintiffs set the interest rate of 2% per month between the defendant and the defendant on July 18, 2012, but on January 19, 2014, the defendant accepted to receive 1.5 million won per month calculated by the rate of 1.5% per month on the above loan and thereafter, the defendant received interest in 1.5 million won per month from that time from that time. According to the above facts of recognition, the agreement rate between the plaintiffs and the defendant on the above loan was reduced from 2% per month to 1.5% per month. Thus, there is no reason for exceeding the amount calculated by the rate of 1.5% per month of the plaintiffs' damages for delay.
B. As to the Defendant’s assertion, the Defendant.