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1. The Defendant: (a) KRW 246,917,552 to the Plaintiff; and (b) KRW 20% per annum from December 31, 2009 to February 13, 2019 to the Plaintiff.
Reasons
1. Indication of claim;
A. On March 22, 2006, the Plaintiff loaned the above money to the Defendant on March 29, 2006. At the time, the Defendant agreed to pay the above loan and interest thereon.
However, the Defendant paid interest from October 17, 2006 to April 24, 2008, but did not pay the principal and interest thereafter, and the Plaintiff paid KRW 23,060,000 to the principal and interest.
B. Accordingly, on April 4, 2009, the Plaintiff applied for a payment order against the Defendant with loans from the Ulsan District Court 2009Gu2458, and received a payment order with the purport that “the payment order of this case” was issued on April 25, 2009, stating that “the payment order of this case shall be paid 20% per annum from April 11, 2009 to the date when the remainder of the loan and the interest paid by the Plaintiff is repaid to KRW 296,821,890 in total and the remainder of the loan 273,761,890 in total and the balance of the loan shall be repaid.” The payment order of this case was finalized on April 25, 2009.
C. Meanwhile, as to the real estate owned by the Defendant, the voluntary auction procedure was commenced to the Youngcheon District Court Young Branch C, and the Plaintiff, as a provisional seizure creditor, received the dividends of KRW 148,380,761,437 on December 30, 2009, which was paid by the Plaintiff, in accordance with Article 479(1) of the Civil Act, as to the demand procedure expenses for the payment order of this case, KRW 148,380,761,890 on April 11, 2009 to December 30, 2009, KRW 39,601,719, the original amount, and KRW 49,904,338.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 246,917,552 (i.e., KRW 296,821,890 - KRW 49,904,338) and the amount calculated by applying each rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Amended by Act No. 26553, Oct. 1, 2015) from December 31, 2019 to February 13, 2019, the delivery date of a copy of the complaint in this case, which is the date of the delivery of the copy of the complaint in this case, and from the following day to the date of full payment.
The plaintiff.