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1. The Defendant’s KRW 40,680,060 and KRW 38,558,69 among the Plaintiff’s KRW 84 million and the Defendant’s KRW 38,58,69 on March 13, 2018.
Reasons
1. Facts of recognition;
A. On February 12, 2016, the Plaintiff: (a) on February 12, 2016, extended a loan of KRW 70 million to B; (b) 60 months in arrears; (c) 24% in a year less than twice in arrears; (d) 25% in arrears at least twice in arrears; and (e) provided an erroneous debate loan (hereinafter “instant loan”); and (c) on the same day, the Defendant provided joint and several surety for the instant loan obligations within the limit of KRW 84 million.
B. B lost the benefit of time due to the delinquency in the payment of the principal and interest of the instant loan, and the principal and interest of the instant loan that was not repaid as of March 12, 2018 are KRW 40,680,060 (i.e., principal amount of KRW 38,58,69) (i.e., overdue interest of KRW 2,121,361).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the agreed damages for delay calculated at the rate of 25% per annum from March 13, 2018 to the date of full payment with respect to the principal and interest of the instant loan of KRW 40,680,060 and the principal amount of KRW 38,558,69, which have not been paid within the limit of KRW 84 million.
3. The defendant's assertion argues that since the plaintiff sold the vehicle purchased by the loan of this case by the loan of this case and partly repaid the loan of this case, the claim of this case is excessive.
However, according to the above evidence, it can be acknowledged that the remaining amount is KRW 40,680,060,060, which was already appropriated for the repayment of the principal and interest of the instant loan, to the Plaintiff’s claim for the payment of the principal and interest of the instant loan, as of March 12, 2018. Thus, the Defendant’s above assertion is rejected.
4. The plaintiff's claim is reasonable, and it is so decided as per Disposition.