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1. The defendant paid to the plaintiff 22,851,192 won and each of the following amounts of money.
Reasons
1. The following facts are acknowledged if Gap evidence 1-1 to 4, and evidence 2-1 to 14 are combined with the purport of the whole pleadings:
A. The Plaintiff provided a loan to the Defendant who operated the business four times as follows.
(1) The loan extended on November 16, 2011 (19.0%) 6.97% (19.0%) of the loan extended on December 19, 2011. (2) The loan extended on December 19, 2012. (127,50,000,000 on March 26, 201. (127,50,000,000 on March 26, 201. (17.0%) The loan extended on March 26, 2012. (4) The loan extended on March 26, 2013.
B. The Defendant decided to comply with the rate of interest, etc. on the above loans, the calculation method, and the timing and method of payment, within the maximum and limited scope prescribed by law, as stipulated by the Plaintiff.
C. The Defendant, in addition to the above loans, has made several recommendations such as commercial discount loans, and around October 2012, the total amount of loans to the Plaintiff was 97 million won. D.
As a security for the above loans, etc., the Plaintiff had a mortgage on the factory buildings and land located in the Gyeong-gun, Seongbuk-gun, the Defendant owned and on the apartment housing located in Daegu-gu, Daegu-gu, which owned the Defendant. However, around October 26, 2012, the Plaintiff had the employee of the Plaintiff sold the relevant factory buildings and land to a third party, and had the third party receive some of the Plaintiff’s loan claims (around 5.60 million won) from among the Plaintiff’s loan claims as part of the proceeds of the sale. On December 5, 2013, the Plaintiff appropriated KRW 1,70,000 for the payment of part of the remaining loan claims through the auction procedure with respect to the apartment housing owned by the Defendant.
E. As a result, the amount of debts remaining as a result of this, ① with respect to the passbook loan (limit transaction), the amount of principal 43,500,000 won (in the case of the passbook loan), and damages for delay of 19% per annum from May 31, 2013 to May 30, 2013, and the amount of damages for delay of 835,652 won per annum.