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1. The defendant shall pay to the plaintiff the amount of KRW 58,057,875 and the amount of KRW 41,307,056 from December 18, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On August 12, 2008, the Plaintiff lent KRW 68 million to the Defendant. As the Defendant did not repay the principal amount of KRW 66.4 million out of the above loans, the Plaintiff filed an application for voluntary auction with the Incheon District Court on July 29, 2014 in the auction of real estate B, and received the dividends of KRW 68 million on November 2014, respectively.
B. On September 15, 2014, the Plaintiff received the total sum of KRW 21,205,242 as of July 29, 2014, and KRW 4,01,174 as of December 17, 2014, respectively.
C. On December 17, 2014, the agreed interest rate for delay as of December 17, 2014 is 17.74% per annum.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, 8 and 9, and the purport of the whole pleadings】
2. The Plaintiff asserts that each of the above dividends is first appropriated for the interest on the above loans until the date of receipt of each dividend, and the remainder is appropriated for the principal. As of December 17, 2014, the above loans were in excess of the principal amount of KRW 59,403,234 as of December 17, 2014, and the Defendant is obliged to pay 59,403,234 won and delay damages to the Plaintiff.
However, each of the above dividends should be deemed to have the effect of providing repayment when the Plaintiff did not have any trouble in receiving dividends, rather than the date on which the Plaintiff actually received dividends, and according to the written evidence Nos. 10 and 11 of the Evidence No. 10, and as of December 17, 2014, the above loans of KRW 41,307,056 and interest KRW 16,750,819 [The sum of the principal amount of KRW 6,400 from April 12, 2013 to July 28, 2014 remains less than 13,89,976 principal amount of KRW 41,307,056, KRW 142-day from July 29, 2014 to December 17, 2014 x 2,85,847,3750 x 5,7500 won x 575 days x 575 days
Therefore, the defendant shall enter into an agreement with the plaintiff on the total amount of principal and interest of KRW 58,057,875 as well as KRW 41,307,056 as the principal and interest of KRW 41,307,056 as of December 18, 2014 to the date of full payment.