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1. The Defendant shall pay to the Plaintiff KRW 100,135,357 as well as KRW 98,00,000 among them, from November 15, 2019 to the day of full payment.
Reasons
1. Determination on the Plaintiff’s assertion of the cause of claim
A. In fact, on April 8, 201, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with the Defendant and the loan amount of KRW 99,00,000,000, the expiration date of the loan period on April 8, 2014 (which was extended to April 8, 2020), with the interest rate of KRW 18% per annum, and the interest rate of KRW 18% per annum.
From July 26, 2019, the Defendant lost the benefit of time by failing to pay interest under the loan transaction agreement of this case.
The principal and interest of a loan pursuant to the loan transaction agreement of this case accrued until November 14, 2019 is KRW 98,000,000,000, interest and delay damages, and KRW 2,135,357, in total, KRW 100,135,357.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the sum of KRW 100,135,357 of the principal and interest of the loan under the loan transaction agreement of this case and damages for delay calculated at the rate of 18% per annum from November 15, 2019 to the day of full payment, which is the day following the above calculation day, to the day of full payment.
2. The Defendant’s assertion as to the Defendant’s assertion was established for the purpose of securing the obligation under the loan transaction agreement of this case, and the filing of the instant lawsuit is improper as it is not possible to respond to the Plaintiff’s claim since it was in progress even when the auction procedure was already in progress. However, the Defendant’s claim against the Defendant is without merit solely based on
Until the above auction procedure is completed, the defendant cannot be deemed to have no obligation to respond to the plaintiff's claim.
3. In conclusion, the plaintiff's claim against the defendant of this case against the defendant is justified, and it is so decided as per Disposition.