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1. The Defendant’s interest rate of KRW 581,910,727 and KRW 347,972,00 among the Plaintiff shall be from November 23, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On July 6, 2009, the Plaintiff loaned KRW 347,972,00 to the Defendant at the market interest rate change (2.5% per day of CD 91), the minimum rate of delay damages, 16% per annum per annum, and 21% per annum per annum.
(hereinafter “instant loan”). (b)
Until November 22, 2017, the Defendant did not pay the Plaintiff KRW 347,972,00 in total and KRW 233,938,727 in total and KRW 581,910,727 in total.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the facts of recognition of the Defendant’s obligation to repay the principal and interest of 581,910,727 won of the above principal and interest of 347,972,00 won among the principal and interest of 581,910,727 won, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum to the Plaintiff from November 23, 2017 to the date of full payment, which is the day following the last calculation date of interest.
3. Judgment on the defendant's assertion
A. The Defendant asserted that on June 24, 2009, the Defendant received the instant loan from the Plaintiff under the joint and several guarantee of the Si event in order to cover the part payments after being sold in lots from the E-Pdidididiet Korea Co., Ltd. (hereinafter “Enforcement Company”).
On August 201, the sales contract between the defendant and the Si event was lawfully rescinded due to the cause of the event at the end of August, 201, and the defendant won the sale price in the lawsuit against the event at the time.
Since the defendant is not able to recover the proceeds of sale from the executor and repay the principal and interest of the plaintiff due to his lack of financial resources, the plaintiff, the defendant, and the executor shall resolve the claims and obligations through consultation and mediation.
In addition, since the Defendant could not freely choose a lending bank, it is unreasonable to pay damages for delay according to the interest rate or high interest rate claimed by the Plaintiff.
B. According to each of the records of evidence Nos. 3, 1, 1, and 2, the Defendant’s executor at the time of receiving the instant loan from the Plaintiff.