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1. The Defendant’s KRW 27,00,000 as well as the Plaintiff’s annual rate from August 8, 2015 to September 30, 2015, and the following.
Reasons
1. The judgment on the cause of the claim did not separately specify the time of return, and the Defendant borrowed KRW 50,000,000 from the Plaintiff on or around May 201, and the Defendant repaid KRW 25,000,000 out of the above loan to the Plaintiff on or around June 2011, and borrowed KRW 2,00,000 additionally on or around February 24, 2015, and the Plaintiff notified the Defendant of the return of the loan, but the Defendant refused the return of the loan on the ground that the registration of the establishment of the establishment of the mortgage on the Plaintiff’s loan in the name of the Plaintiff (hereinafter “the creation of a mortgage on the instant loan”) was not cancelled on the ground that the registration of the establishment of the mortgage on the loan amount was not cancelled on the ground that the parties did not dispute or that the entire purport of the evidence No. 1 and No. 2 was seen in the pleadings.
According to the above facts, the defendant is obligated to pay to the plaintiff 27,00,000 won borrowed and its interest rate of 15% per annum under the provisions of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553) from August 8, 2015 to September 30, 2015, as requested by the plaintiff, after a considerable period of time has elapsed from the date the plaintiff notified the return of the original copy of the complaint of this case from August 8, 2015 to September 30, 2015; 20% per annum under the provisions of the main sentence of Article 3 (1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553) from the next day to the date of full payment; and
The Plaintiff claimed damages for delay calculated at the rate of 20% per annum from the day following the delivery date of the duplicate of the instant complaint to the day of full payment. However, the provisions on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended by Presidential Decree No. 26553, Sept. 25, 2015, and was enforced from October 1, 2015, and thus, the legal interest rate under the aforementioned provisions is the statutory