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1. The Defendant shall pay to the Plaintiff KRW 48,420,320 and the interest rate of KRW 15% per annum from August 23, 2017 to the day of complete payment.
Reasons
On September 20, 201, the Plaintiff lent the amount of KRW 150,00,00 to the Defendant at KRW 7.4% per annum, interest rate of KRW 17% per annum, and due date of payment on September 20, 2014 (hereinafter “instant loan”); the Plaintiff received dividends of KRW 212,605,479 in the case of an auction of the real estate rent B located in the Chuncheon District Court, Youngcheon District on May 15, 2017, and appropriated the said amount of KRW 111,05,00,000 and the interest of the instant loan (or interest for arrears) remaining until now, to repay KRW 11,025,79,605,479, no dispute exists between the parties, or the purport of the entire pleadings as stated in subparagraphs 1 through 7.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 48,420,320 won (=11,025,799 won - 62,605,479 won) out of the instant loan interest, and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 23, 2017 to the date of full payment, which is the day following the delivery of a copy of the application for modification of the purport of the instant claim and the cause of the claim.
Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.