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1. The defendant shall pay to the plaintiff the amount of KRW 179,068,036 and the amount of KRW 143,369,50 from November 6, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On October 1, 2015, the Defendant borrowed KRW 300,000,000 from the Plaintiff on the following terms and conditions.
The due date: The interest rate on October 1, 2020 (the total repayment method of the loan principal on the lending date): 5.7% per annum (payment on the first day of each month): In cases where the overdue interest rate of 2.2% per annum from 30 days to 90 days in arrears from 30 days in arrears, and 5.2% per annum from 30 days in arrears, exceeds 90 days in arrears, if the overdue interest of 6% per annum is delayed for one month from the date on which the additional interest rate of 6% per annum is to be paid, the overdue interest shall be paid from the date following the date
B. The Defendant neglected to pay interest under the above loan agreement, and as a result, the Plaintiff applied for a voluntary auction on the real estate of E, which was a surety, with the Jeonju District Court D, and received 156,710,546 won from the dividend procedure on July 11, 2018. Of the above amount, 156,591,026 won, which is the remainder after appropriating for recovery expenses, was appropriated for the full repayment of the principal and interest of the above loan, and 39,470 won, which was repaid on July 26, 2018, was appropriated for repayment of the principal and interest of the above loan.
C. Accordingly, as of July 26, 2018, Defendant’s claim for loans against Plaintiff 143,369,504 won (i.e., KRW 300,000,000 - KRW 156,591,026 - KRW 39,470) were remaining. As of November 5, 2018, total interest and delay damages were 35,698,532 won.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. In light of the facts acknowledged as above, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 8.7% per annum for the Plaintiff as calculated from November 6, 2018 to the date of payment of the final interest rate of KRW 143,369,068,036 (=143,369,504 Won 35,698,532) and the principal amount of KRW 143,369,504, which is the day following the date of calculation of the final interest.
3. The plaintiff's claim is reasonable, and it is so ordered as per Disposition.