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1. The defendant shall pay to the plaintiff KRW 293,00,000 and KRW 200,000 among them, from March 23, 2018 to the date of full payment.
Reasons
1. On January 10, 2012, the Plaintiff borrowed KRW 200 million to the Defendant, and the payment period of KRW 100 million was set as June 30, 2012, and the payment period of KRW 100 million was set as October 31, 2012, and the interest amount of KRW 170 million was set as KRW 20 million per month and KRW 30 million per month as KRW 2.5% per month.
The defendant did not pay KRW 200 million to the plaintiff after the due date, and did not pay damages for delay from December 1, 2015.
Therefore, the Defendant is obligated to pay to the Plaintiff a total of KRW 293,00,000 and damages for delay calculated by the rate of 24% per annum from December 1, 2015 to the date of full payment.
2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
3. Partial dismissal;
A. The Plaintiff claims for the payment of damages for delay calculated at the rate of 24% per annum from December 1, 2015 to the date of full payment with respect to loans of KRW 200,000,000.
However, while submitting the application for change of the cause of the instant claim, the Plaintiff is claiming for damages for delay calculated as part of KRW 93,00,000 from December 1, 2015 to March 22, 2018, the agreed rate of 24% per annum, which is the date on which the application for change of the cause of the instant claim was submitted with respect to the said loan from March 22, 2018, and then as fixed damages for delay. Thus, the Plaintiff’s claim for damages for delay from December 1, 2015 to March 22, 2018 is without merit.
B. The Plaintiff claimed damages for delay calculated at the rate of 24% per annum from December 1, 2015 to the date of full payment with respect to KRW 93,000,000.
The obligation for delay of a pecuniary obligation is the obligation for damages arising from the delay of the monetary obligation and for which there is no fixed due date. Thus, the obligor is liable for delay from the time when the obligor receives a claim for discharge from the obligee.
(see, e.g., Supreme Court Decision 2009Da59237, Dec. 9, 2010). Loans 200,000,000 won from December 1, 2015 to March 22, 2018.