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1. The Defendant shall pay to the Plaintiff KRW 59,271,127 and the rate of KRW 2.3% per month from November 2, 2013 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of statements and arguments as to Gap's loan obligation to pay principal and interest on loans (including serial numbers), the plaintiff entered into a loan transaction agreement with the defendant on February 1, 201 as to "10 million won, interest rate of 2.3% per annum (27% per annum), and interest rate of 44% per annum on August 1, 2011 (hereinafter "the loan agreement in this case"), and completed the registration of creation of a mortgage on the loans under the loan agreement in this case on the same day to jointly secure the loan claims under the loan agreement in this case, the plaintiff received interest of 92m2 and C 2975m2 from the defendant's account on the same day, and completed the registration of creation of a mortgage on the loans in this case with the maximum debt amount of 100 million won from the defendant's account during the period from 200 million won to 150 million won until the maturity, the plaintiff continued to pay the principal to the above land by 100 million won.
According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remaining principal and interest remaining after appropriating the repayment amount to the principal and interest of the loan claim of this case by statutory appropriation of performance.
I would like to say.
Furthermore, when calculating the remaining principal and interest of the instant loan claim, the loan that the Defendant is obligated to pay to the Plaintiff as of October 1, 2013, based on the dividend received, shall be governed by KRW 100 million or the Plaintiff’s claim for the principal of the remaining principal amount of KRW 59,271,127, the principal amount of KRW 90,236,717.
- Principal reserve 30,965,590 Won 60,021,806 Won 20,000,000 per month from August 2, 2012 to October 1, 2013 is the amount remaining after being appropriated first for 29,056,216 Won.