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1. The Defendant’s KRW 3,891,872 as well as the Plaintiff’s KRW 30% per annum from November 27, 2012 to July 7, 2016, and the following.
Reasons
1. According to the reasoning of the evidence Nos. 1 and 2, there is no dispute between the parties to the facts of recognition or according to the Plaintiff’s lending KRW 50 million to the Defendant on August 23, 2012, the due date for repayment is October 31, 2012; however, if the Defendant did not delay the above payment, the Defendant shall pay damages for delay calculated at the rate of 2.5% per month; and C has agreed to jointly and severally guarantee the Defendant’s obligation; the Defendant paid KRW 6 million on October 23, 2012; KRW 5 million on November 13, 2012; and KRW 6 million on November 26, 2012.
2. According to the facts of the recognition of appropriation for repayment, the borrowed principal is KRW 44 million ( KRW 50 million - KRW 6 million - KRW 50 million), and the second repayment is KRW 5 million from November 1, 2012 to November 13, 2012 as agreed upon KRW 470,136 ( KRW 44 million x 13.3 (0.025x 12), and below KRW 1365 x 13.3 (0.025x 12), and the remainder of KRW 4,529,863 ( KRW 5 million - 470,1366), and the second repayment is appropriated for partial repayment of KRW 44,400,00,00,000 ( KRW 444,00,000).
The Defendant’s third-party repayment of KRW 6 million is appropriated to KRW 421,735 ( KRW 39,470,137 x 13/365 x 0.3) as agreed on November 14, 2012 to November 26, 2012, and the remainder of KRW 5,578,265 ( KRW 6 million - 421,735 - 39,470,137 -) as agreed on KRW 39,470,137 - KRW 333,891,872 ( KRW 39,470, KRW 137 - KRW 5,578,265). The Defendant’s third-party repayment of KRW 39,470,137 - KRW 5,265) is appropriated for partial repayment of KRW 39,470,137.
3. Therefore, the Defendant is obligated to pay to the Plaintiff the remaining principal of loan KRW 33,891,872 as well as damages for delay calculated at the rate of 30% per annum under the agreement from November 27, 2012 following the last repayment date to July 7, 2016, which is the delivery date of a copy of the instant complaint (2.5% per annum) and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
Therefore, the plaintiff's claim is accepted on the ground of the reasons.