Text
1. The defendant shall pay to the plaintiff KRW 21,521,528 as well as KRW 19,440,631 as to the plaintiff from January 15, 2020 to the day of full payment.
Reasons
1. There is no dispute between the parties to the judgment as to the cause of the claim, or the following facts can be acknowledged according to the purport of Gap's statements and the whole arguments.
① On February 20, 2016, the Plaintiff entered into an agreement with the Defendant to grant a loan of KRW 133,780,000 with truck purchase funds (hereinafter “instant loan”) by setting the lending rate of KRW 7.5% per annum, overdue interest rate of KRW 25% per annum, and the monthly interest rate of KRW 96 (hereinafter “instant loan agreement”).
② Since August 2019, the Defendant delayed the repayment of principal and interest, and the Plaintiff terminated the instant loan agreement on the ground that the Defendant continued to pay the overdue interest.
③ The Plaintiff disposed of the instant truck offered as security for the instant loan, and appropriated it for part of the principal and interest of the Defendant’s loan, and the sum of the principal and interest of the loan remaining as of January 14, 2020 (i.e., the principal amount of KRW 21,521,528 (i.e., KRW 19,440,631).
According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated by the rate of 25% per annum from January 15, 2020 to the date of full payment of the principal amount of KRW 21,521,528 and KRW 19,440,631.
2. Conclusion, the plaintiff's claim is justified.