대여금
1. The Defendant’s annual interest in KRW 246,292,097 and KRW 156,416,00 among the Plaintiff, from March 3, 2016 to April 6, 2016.
In the judgment on the cause of the claim Nos. 1 through 4, and the purport of the entire argument is seen as the whole, on December 10, 2009, the Defendant was granted a loan of KRW 156,416,00 from the Plaintiff on December 31, 201 for the payment period of KRW 156,416,00 as the general fund for household, interest “1.5% on the return of the three-month CD”, and the highest rate of delay damages (Article 3(5) of the Framework Agreement on Credit Transactions in Agricultural Cooperatives) 19% per annum (Article 3(5) of the loan transaction agreement of this case).
) After that, the Defendant delayed the payment of the principal and interest of the above loan, and the sum of delay amounts as of March 2, 2016 to KRW 246,292,097 (the principal amount of KRW 156,416,00 for overdue interest and delay damages totaling KRW 89,876,097 for overdue interest and delay damages totaling the principal amount of KRW 156,416,00 for delay damages is recognized, and the rate of delay damages as of the above base date
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of the loan and the amount of delay damages calculated at the rate of 13.05% per annum from March 3, 2016 to April 6, 2016, the day following the base date for which a copy of the complaint was served on the Defendant; and damages for delay calculated at the rate of 15% per annum from the following day to the day of full payment.
The defendant's assertion is asserted to the purport that the defendant signed the loan transaction agreement of this case in the form, and the loan was received by the Korea Assets Trust Corporation, which is the seller, and that the loan of this case is a collective loan, but is stated as a general loan loan, and thus, is not liable.
However, such circumstance alone cannot be said that the Defendant is exempted from the responsibility to pay the principal and interest of this case.
The defendant's loan transaction agreement of this case was concluded by the defendant for the payment of intermediate payment of the above sales contract of officetel with Korea Assets Trust Co., Ltd., and the above sales contract is incorporated into the sales contract and formed a whole part of the sales contract.