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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 2 as to the Plaintiff’s claim, the Plaintiff loaned KRW 2.4 million to the Defendant on or around April 15, 201, and agreed between the Defendant and the Defendant at 10% per annum on interest on the total amount of KRW 8 million. Around June 30, 201, it can be acknowledged that the Plaintiff sent to the Defendant a content-certified mail containing a peremptory notice for the repayment of the principal and interest of the above loan claims, and the mere statement Nos. 1 through 4 alone is insufficient to support the conclusion.
According to the above facts, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 10% per annum from April 16, 2011 to June 17, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.
(5) Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) provides that “The statutory interest rate under the main sentence of Article 1(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum.” Article 2(1) of the Addenda provides that “The statutory interest rate of Article 1(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum.” Article 2(1) of the Addenda provides that “In spite of the amended provisions of this Decree, the provisions of this Decree, which are pending before the court at the time this Decree enters into force, shall be governed by the previous provisions.” Since the date of the closing of argument of the first instance court on June 27, 2014, the next day after the delivery of a copy of complaint of this case shall be recognized damages on February 2.