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1. The defendant shall pay to the plaintiff KRW 39,870,180 as well as KRW 32,00,000 among them, from March 14, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On May 27, 2014, the Plaintiff agreed to lend KRW 60,000,000 to the Defendant at an interest rate of KRW 7.04% between the Defendant and the Defendant at an interest rate of 7.04% per three months, the repayment date on May 27, 2019, and the repayment method at an equal amount of principal, etc. from June 27, 2014 to June 27, 2014, and to pay interest on the repayment date or the monthly reserve.
B. On September 23, 2014, the Plaintiff entered into a credit card issuance contract with the Defendant, and agreed to pay the price on the 23th of each month after using the credit card issued by the Defendant.
C. The Plaintiff and the Defendant did not perform their obligations on the date of redemption or payment designated at the time of each of the above agreements, or when they lost their profits pursuant to Article 7 of the Basic Terms and Conditions for Credit Transactions, they shall pay damages for delay at the highest rate of 15% per annum (27.9% per annum for credit cards) on the balance of the loans from that time, and thereafter, in the event of a change in interest rate, they shall follow the terms and conditions as determined by the Plaintiff, and approved that the basic terms and conditions
The overdue interest rate of the Plaintiff’s credit card is 28% per annum from May 1, 2003 to March 2, 2016, and 27.9% per annum from March 3, 2016 to the closing date of argument.
The Defendant paid principal and interest over 28 occasions from June 27, 2014 to September 27, 2016, as indicated in the attached Table “the details of principal and interest repayment,” and lost the benefit of time by paying interest only until October 28, 2016 under the condition that the principal amount of the loan was remaining in KRW 32,00,000,000. The remaining principal amount as of March 13, 2017 remains in KRW 32,00,000,000, as shown in the “the details of credit account information transactions.”
E. In addition, the Defendant used the credit card amounting to KRW 5,97,299 with the credit card issued by the Plaintiff and did not pay the principal on November 23, 2016 on March 13, 2017 as of March 13, 2017 due to the failure to pay it on the settlement date, and KRW 5,97,299, overdue interest, 267,456, and overdue interest fee 215,312, respectively.