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1. The defendant shall pay to the plaintiff the amount of KRW 42,355,306 and KRW 38,772,968 from February 16, 2019 to the day of full payment.
Reasons
1. On March 12, 2018, the Plaintiff entered into an agreement with the Defendant for installment financing loans to lend KRW 40,700,000 to the Defendant at a fixed rate of 13.9% per annum, interest rate per annum, and 16.9% per annum (based on February 15, 2019).
(A) In the application for the loan under subparagraph 2, the Defendant’s signature is written in the loan applicant column, and a confirmation letter of personal signature is also attached to the Defendant’s signature written in the “A loan”). The Defendant delayed the payment of the principal and interest of loan and lost the benefit of time on December 31, 2018, and the remainder of the loan principal as of February 15, 2019 is KRW 38,772,968, overdue interest, etc.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 42,35,306 won (=38,772,968 won) and the remaining principal of the loan 38,772,968 won with 16.9% interest per annum from February 16, 2019 to the date of full payment.
(A) The Plaintiff filed a claim for interest in arrears from January 1, 2019 to February 14, 2019 while claiming the amount entered in the claim statement prepared as of February 15, 2019 by the Plaintiff as of February 15, 2019, but the claim for interest in arrears from January 1, 2019 to February 14, 2019 appears to be a double calculated claim, and the above part of claim is without merit). 3. As such, the Plaintiff’s claim in this case is justified within the scope of the above recognition, and the remainder of claim is dismissed as it is without merit, but it is so decided as per Disposition by the application of the proviso of Article 101 of the Civil Procedure Act with respect to the burden of