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1. The Defendant shall pay to the Plaintiff KRW 30,200,000 and the interest rate of KRW 24% per annum from May 11, 2015 to the date of complete payment.
Reasons
1. Basic facts
A. On April 21, 2014, the Plaintiff entered into a monetary loan agreement with the Defendant’s third party on behalf of KRW 33,000,000,000 as to the Defendant’s debt owed to the third party, and thereafter, the Plaintiff and the Defendant’s agent C concluded a monetary loan agreement with the effect that on July 18, 2017, the Defendant repaid the loan amount of KRW 30,000,000 (actual rent of KRW 33,00,000) until July 18, 2017, and the Plaintiff used the Defendant’s leased vehicle (BM760LDD) by delivery until the said due date in lieu of the interest, and if the Defendant did not pay the principal at the due date, it would pay the interest of KRW 20% per annum retroactively from the contract date.
B. On April 21, 2014, the Plaintiff entered into a loan agreement for consumption under the second loan agreement with the Defendant at a interest rate of 24% on March 9, 2015, when he/she was transferred the said BM vehicle and returned it to the Defendant on or around March 9, 2015. The Plaintiff and the Defendant, on March 9, 2015, lent KRW 33,000,000 to the Defendant at an annual interest rate of 24%; the Defendant, on March 10, 2015, paid KRW 1,400,000 each month from April 10, 2015 to February 10, 2018, paid in installments the interest rate of KRW 24% each month from March 10, 2015 to pay in installments the principal or interest rate of KRW 33,00,000 each month.
Since then, the defendant did not pay the principal and interest after the repayment of KRW 2,800,000 and lost the benefit of time.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 1-2 evidence, the purport of the whole pleadings
2. According to the above findings of the determination on the cause of the claim, the Defendant lost the benefit of May 11, 2015, which is the date following the three-time payment of principal, since the Defendant paid the principal twice and paid the principal three-time arrears.
Therefore, the defendant is obligated to pay the principal and interest immediately in accordance with the second monetary loan contract to the plaintiff.