The defendant's 84,783,790 won and 70,990,138 won among them to the plaintiff shall be 9% per annum from July 3, 2020 to July 24, 2020.

Basic Facts

On January 19, 2017, the Plaintiff lent KRW 70 million to the Defendant by equally dividing the interest rate of KRW 60,000 per annum, and the principal and interest are repaid until December 20, 2021 (hereinafter below referred to as “the instant loan”). As regards the interest rate in arrears at the time of the above lending, the Plaintiff agreed to lose the interest in arrears within the statutory scope as stipulated in Article 3 of the Standard Terms and Conditions for Transactions of Credit with the Association (hereinafter referred to as “the instant loan”). As regards the interest in arrears at the time of the above lending, as stipulated in Article 7 of the said Terms and Conditions, the Plaintiff may determine the interest rate in arrears within the statutory scope, and with respect to the interest and loss thereof, the Plaintiff agreed to lose the interest in arrears if the installment repayment is in arrears on more than two occasions consecutively, as stipulated in Article 7 of the said Terms and Conditions.

The Defendant: (a) agreed interest of KRW 11,537,465 of the instant loans and interest accrued until December 19, 2017; (b) paid only the agreed interest of KRW 2,472,397 of the instant loans and the agreed interest accrued until December 19, 2017; and (c) lost the interest accrued on February 20, 2018 by failing to pay the principal and interest accrued thereafter.

As of July 2, 2020, ① the principal of the instant loan is KRW 58,462,535, and the sum of interest and overdue interest on the instant loan is KRW 11,351,206, and ② the sum of the principal of the instant loan is KRW 12,527,603, and interest and overdue interest on the instant loan is KRW 2,442,446.

The interest rate of arrears determined by the Plaintiff around that time is 9% per annum.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the facts of recognition of the whole purport of arguments are as follows: according to the above facts, the defendant shall delay to the plaintiff to pay damages calculated by the annual rate of 84,783,790 won (58,462,535 won, 11,351,206 won, 12,527,603 won, 2,442,446 won, 70,990,138 won of principal from July 3, 2020 to July 24, 2020, the delivery date of the authentic copy of payment order from the next day to the day of full payment, calculated by 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

Conclusion.