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1. As to KRW 2,571,940 and KRW 1,640,50 among them, the Plaintiff (Counterclaim Defendant) from April 11, 2015.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. In fact, on July 26, 2010, the Plaintiff borrowed KRW 6,500,000 from the Defendant with a card loan (Sdrid loan) and repaid the principal and interest, and used KRW 7,020,000,000 on May 18, 201 to repay the loan.
(hereinafter “instant substitute loan”). The main contents of the instant substitute loan agreement are as follows.
Loan amount: 7,020,000 loan period: Interest rate of 36 months: 27.8% per annum: 29.9% per annum from June 7, 2011 to October 10, 2014, the Plaintiff repaid 7,359,662 won per annum from June 7, 201 to October 10, 2014; the said money was appropriated to the principal and interest and late payment fees, and the principal,640,506 won was remaining as a result of appropriating the money to the principal and interest and late payment fees, and the interest rate of 11,240 won and late payment fees were 820,194 won until April 10, 2015.
[Ground of recognition] Unsatisfy, Gap evidence 2, 4, Eul evidence 1, 11, 14, and 15 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Plaintiff is obligated to pay the Defendant the remaining principal, interest, delay damages, etc. due to the repayment loan of this case.
B. As to this, while the Plaintiff repaid the substitute loan of this case, the remaining debt remains at KRW 3,658,00 on May 201, 2013. However, an agreement was reached between the Defendant and the Defendant to exempt the remainder from the remainder of the debt. Accordingly, from the agreed amount from May 13, 2013 to September 11, 2014, the Plaintiff asserted that the remainder of the debt remains. Thus, there is no evidence to acknowledge that there was an agreement on partial exemption, such as the Plaintiff’s assertion, as otherwise alleged by the Plaintiff.
C. Therefore, the Plaintiff’s KRW 2,571,940 (i.e., principal KRW 111,240,50) and the principal amount of KRW 1,640,506 among them, shall be paid to the Defendant from April 11, 2015 to the date of full payment.