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1. The Defendant shall pay to the Plaintiff KRW 87,782,616 and KRW 77,97,631 among them, 15% per annum from September 12, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On September 2, 2013, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan agreement”) with the Defendant based on the annual rate of COFIX 2.37% per annum on the basis of the newly handled amount, the overdue interest rate: from March 24, 2015, according to the overdue period (if the delayed period is not more than one month, the annual applicable rate of 6% per annum and the lower rate of 15% per annum), (if the delayed period is not more than three months, the annual applicable rate of 7% per annum and the lower rate of 15% per annum), (in the case of exceeding three months, the annual applicable rate of 8% per annum and 15% per annum), (in the case of exceeding three months, the lower rate of 15% per annum) as of September 2, 2014.
B. The instant loan agreement is a loan the balance of which is increased or decreased or changed by the maturity date and does not automatically extend if the maturity date of the loan arrives. The Defendant did not pay the principal amount of KRW 77,997,631 as of November 22, 2017 and KRW 9,784,985 as of September 11, 2018.
C. From April 27, 2018, the Plaintiff set the overdue interest rate of 3% per annum, regardless of the overdue interest period, and 15% per annum. The overdue interest rate applied to the Defendant as of September 11, 2018 is 15% per annum, which is higher than 15% per annum.
【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 3, 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 loan, the Defendant is obligated to pay to the Plaintiff a total of KRW 87,782,616 as well as KRW 77,97,631 as the principal and interest of KRW 77,97,631 as of September 12, 2018, an overdue interest rate of 15% per annum from September 12, 2018 to the
Although the defendant asserts that the principal and interest of the loan will be repaid in installments, there is no evidence to deem that there exists an agreement between the plaintiff and the defendant on the installment repayment, the above argument is without merit.
3. Conclusion, the plaintiff's claim of this case is justified.