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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay 127,456,715 won to the plaintiff and 90,000 won out of the above amounts.
Reasons
1. Facts of recognition;
A. (1) On February 12, 2002, the Plaintiff loaned a total of KRW 110,000,000 to the Defendant on January 29, 2003, the Defendant repaid to the Plaintiff on February 16, 2012 the total of KRW 110,00,000 and the agreed interest thereon (interest rate of 7.8% per annum) or overdue interest (interest rate of 18.3% per annum) and KRW 13,114,751 on February 16, 2012, and the Plaintiff paid KRW 280,00,000 to the Defendant on February 16, 2015 (hereinafter “instant loan”). On February 16, 2015, the Plaintiff granted a loan of KRW 280,00,000,000 to the Defendant on February 16, 2015, each of the maximum debt amount of KRW 210,000,50.
3) On February 21, 2012, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 5,00,000 to the Defendant of KRW 5,00,000 (the interest rate of KRW 7.8% per annum and the interest rate of KRW 18% per annum under Article 3(2)2 of the General Terms and Conditions for Credit Union Credit Transactions). The interest rate in arrears was 18% per annum, and the due date was February 21, 2015. (4) The Plaintiff obtained a judgment on July 4, 2013, stating that “the Plaintiff shall pay KRW 5,00,000 to the Defendant and the amount calculated by the annual rate of KRW 18% per annum from March 21, 2012 to the date of full payment,” which became final and conclusive at that time.
Accordingly, on January 28, 2014, the defendant deposited a total of 6,674,246 of the principal and interest of loans that were ordered to be paid in the above judgment in accordance with the law No. 221, which was ordered to be paid in Changwon District Court's branch in 2014.
B. Data relating to the interest rate of the instant loan in February 16, 2012 of the loan transaction agreement drawn up between the Plaintiff and the Defendant on February 16, 2012 includes KRW 280,000,000 as the principal of the loan. Although there is no stipulation on the interest rate, but at the time of delay between one month from the date when the principal or interest is to be paid on the agreed date.