1. The defendant shall pay to the plaintiff KRW 53,075,356 as well as KRW 31,924,00 among them, from September 19, 2019 to the day of full payment.

1. Basic facts

A. On October 18, 2013, the Plaintiff entered into a credit transaction agreement with the Defendant on a credit limit amounting to KRW 50,00,00,000, repayment date “ October 18, 2016”, “4.29% of the fluctuation Standard Interest Rate”, and “17% of the maximum damages rate” (hereinafter “instant agreement”).

B. According to the instant agreement, where the Defendant fails to perform his/her obligation upon the expiration of the credit period or loses the benefit of time under Article 7 of the General Terms and Conditions for Credit Transactions, he/she shall pay damages for delay to the remainder of the loan from that time, and the rate of damages for delay determined by the Plaintiff is 13.9% per annum.

C. As of September 19, 2019, after the date of repayment stipulated in the instant agreement, the principal and interest on the Plaintiff’s loan to the Defendant under the instant agreement is KRW 53,075,356 in total (i.e., the principal and interest on the loan amounting to KRW 31,924,00,000 or delay damages amounting to KRW 21,151,356).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the agreed damages for delay calculated at the rate of 13.9% per annum from September 19, 2019 to the day of full payment of the principal and interest of the loan under the instant agreement and the principal and interest of the loan of KRW 53,075,345, and the principal and interest of the loan of KRW 31,924,00,000.

The defendant asserts that the defendant's representative director C was exempted from liability, and as the plaintiff was included in the list of creditors submitted by C to the bankruptcy court, the plaintiff's loan claim of this case was exempted from liability.

According to the evidence evidence Nos. 1 through 4, in the case where C, the former representative director and liquidator of the defendant, filed an application for bankruptcy and discharge with the U.S. Government District Court No. 2015Hadan311, 2015Ma311, the above court rendered a decision of discharge against C on June 13, 2016, and the above decision becomes final and conclusive on June 28, 2016, and the loan claim of this case against C in the list of creditors submitted to the court in the above case of bankruptcy and discharge.