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1. The Defendant’s KRW 61,976,819 and KRW 60,650,355 among the Plaintiff’s KRW 61,976,819 and the Plaintiff’s KRW 60,650,355 among them shall be annually applicable from May 13, 2016 to May 24,
Reasons
1. The following facts do not conflict between the parties, or denies the part of Gap evidence Nos. 1, 2, 3, 4, and 6, Gap evidence Nos. 5-1, 2, and 3 (no dispute over formation), and Gap evidence Nos. 7-1 (the defendant denies the part of "the receipt, receipt, and receipt" among the evidence No. 7-1, but the contract party of Gap evidence No. 7-1 is not the plaintiff and the defendant, and even if the authenticity of this part is denied, it does not interfere with the following recognition) and Gap evidence No. 7-2.
On August 17, 2010, the defendant was appointed as the representative director of C Co., Ltd. (hereinafter referred to as “C”).
B. On July 1, 2013, the Plaintiff entered into a contract with the Defendant on the acquisition of a contract and the change of the establishment of a collateral security with the content that the Defendant accepts a loan agreement that is a C, a holder of a loan obligation.
C. On July 2, 2013, the Plaintiff: (a) the Defendant on July 2, 2013; (b) the expiry date of the loan is July 2, 2016; (c) the rate of the agreement is the fluctuation rate of the first 5.8%; (c) the delay period is three months; (d) the delay period is 7% or less; (e) the delay period is 30 days or less; (e) the delay period is more than 30 days but not more than 90 days in arrears; and (e) the delay period is more than 90 days in arrears, 20 million won
(hereinafter “instant loan contract or loan”). D.
C and the defendant's relative and C's director, B had completed the registration of creation of a mortgage in the future of the plaintiff for the purpose of securing the loan of this case.
E. The Defendant did not pay the instant loan, and lost the benefit of time on November 2, 2013.
F. In order to recover the instant loan, the Plaintiff filed an application for a voluntary auction based on the foregoing right to collateral security, and received part of the instant loan in the course of voluntary auction.
G. The remaining principal of the instant loan by May 12, 2016 is KRW 60,650,355, damages for delay is KRW 1,326,464, and the overdue interest rate for the instant loan as of May 12, 2016 = 13.534% of the agreed rate = 4.543% of the agreed interest.