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1. The Defendant’s KRW 461,723,525 among the Plaintiff and KRW 101,047,363 among the Plaintiff, shall be from January 20, 2017 to April 29, 2017.
Reasons
1. Basic facts
A. On June 13, 2011, the Plaintiff entered into a loan transaction agreement with the Defendant to grant a loan of KRW 400 million to the Defendant on June 13, 201, with the expiry date of the loan; the interest rate is the fluctuation rate (the first 7.1% per annum) under Article 3(2)2 of the Framework Terms and Conditions on Credit Transactions (the base rate for fluctuation); the delay rate is 9% per annum within 30 days in arrears pursuant to Article 3(5) of the Framework Terms and Conditions on Credit Transactions; the late payment penalty is 9%; the late payment penalty is more than 30 days in arrears; the late payment exceeds 90 days in arrears; and the above loan is 12% in arrears; and at the same time, B and C guaranteed the above loan obligations.
B. In order to secure the above loan, the Plaintiff applied for a voluntary auction on the basis of the right to collateral security established on the real estate owned by C (Seoul Central District Court D) (Seoul Central District Court D). In the said voluntary auction procedure, the Plaintiff received dividends of KRW 298,952,637 on January 19, 2017, and appropriated it to the principal calculated by January 18, 2017.
C. As of January 18, 2017, the above loans amount to KRW 400,00,000, interest and overdue interest amount to KRW 360,676,162, and the applied overdue interest rate to KRW 12% per annum.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Accordingly, the Defendant is obligated to pay to the Plaintiff the interest and overdue interest of KRW 461,723,525 plus KRW 360,676,162, plus KRW 101,047,363 ( KRW 400,00,000 - KRW 298,952,637), interest and overdue interest of KRW 360,676,162, and the principal of KRW 101,047,363, as the Plaintiff seeks, 12% per annum from January 20, 2017 until April 29, 2017, the delivery date of a copy of the complaint of this case, and 15% per annum from the next day until the day of full payment, interest and overdue interest to KRW 360,676,162, interest and delay damages calculated at the rate of 15% per annum from April 13, 2017.
The debtor delays the performance of the interest accrued.