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1. The defendant
(a) KRW 13,358,584 as well as 12% per annum from November 17, 2014 to January 23, 2017; and
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff: (a) on September 5, 2012, the Defendant changed the amount of KRW 10,000,000 (hereinafter “the first loan”) to Benz E30 (C) vehicles at the Defendant’s request by the rate of 1% (12%) per annum; and (b) on October 30, 2012, the vehicle offered as security after the due date (20Li 8256) was changed to the rate of 1% (12% per annum); (c) on the part of the Defendant, the Plaintiff attempted to keep the loan due to its default; (d) on the part of the Defendant’s failure to pay the lease fee, the Plaintiff forced to collect the loan from the social side of Benz E30 (C) (Evidence No. 511) (hereinafter “the second loan”).
(2) The Defendant repaid to the Plaintiff KRW 35,60,000,000 on the pretext of repayment of the principal and interest of the first loan, with the agreed interest rate of 10% per annum and 20% per annum on December 31, 2014, respectively. (2) The Defendant repaid to the Plaintiff KRW 35,60,000 on the ground of repayment of the principal and interest of the first loan.
3) At the time of the repayment period for the above second loan, the Defendant prepared a letter of confirmation (Evidence A No. 4) to the effect that the above second loan will be repaid KRW 20,000,000,000, and the settlement amount for each loan that the Defendant should pay to the Plaintiff is as set out in the attached sheet of settlement of accounts.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the rate of 13,358,584 won with respect to the principal of the first loan and the rate of 12% per annum from November 17, 2014 to January 23, 2017, the service date of a copy of the complaint of this case, which is the last repayment date, and the rate of 15% per annum from the next day to the day of full payment as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., to the day of full payment.
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