A. On July 22, 2008, when the Defendant lost the benefit of time due to the period of loans of three years, interest rate fluctuation rate of loans, and delay in one month from the time when payment of interest is to be made, etc., the Defendant received the loan from the Plaintiff by determining that the balance of the principal of the loan should be paid damages for delay according to the ratio adding a certain overdue interest rate to the loan interest rate, and thereafter extended the loan period by August 12, 2013.

B. Since then, the Defendant lost the benefit of time due to overdue interest, and as of October 29, 2014, the remainder of the principal of the loan was 202,970,000 won, and damages for delay was 33,224,573 won, and the damages for delay was 13.6% per annum after October 29, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2 and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff KRW 236,194,573 (=202,970,00 won) and damages for delay calculated at the rate of KRW 202,970,00 of the loan principal from October 30, 2014 to the date of full payment, calculated at the rate of KRW 13.66% per annum under the agreement.

First of all, since the above loans were received for the payment of intermediate payment to Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”), but Hyundai Construction failed to pay interest despite the existence of money in the Defendant’s account, the Defendant asserts that damages for delay should be claimed for Hyundai Construction, but it does not constitute a ground for refusing to pay the principal and interest of the loan to the Plaintiff. Therefore, the Defendant’s assertion itself is without merit.

Next, the defendant filed a lawsuit against the defendant claiming a prior reimbursement of the principal and interest of the loan, and filed an application for a compulsory auction on the real estate owned by the defendant. However, unless there is any assertion or proof that the guarantor actually repaid the principal and interest of the loan, the trustee guarantor shall claim a prior reimbursement.