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1. The defendant shall pay to the plaintiff KRW 27,737,504 and KRW 25,300,00 among them, per annum from May 1, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On July 28, 2017, the Plaintiff loaned KRW 25,300,000 to the Defendant on July 31, 2019, with the interest rate of KRW 9.5% per annum, and with the interest rate of delay calculated by adding either 10% per annum or 12% per annum to the agreed interest rate of delay, respectively.
(Provided, however, the interest rate in arrears applied by the Plaintiff is 3% per annum. (hereinafter referred to as the “instant loan agreement”). (B) The loan agreement which constitutes the cause of the said loan.
From August 1, 2017 to July 31, 2019, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation, setting the lease deposit amount of KRW 25,355,00 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”). On July 27, 2017, the Defendant transferred to the Plaintiff the right to refund the lease deposit under the said lease agreement to secure the payment of the loan obligations under the instant loan agreement.
The Plaintiff was delegated by the Defendant and notified the Korea Land and Housing Corporation of the assignment of claims on the same day.
C. Meanwhile, on July 21, 2017, when the Defendant fails to repay the principal and interest of the Plaintiff later, the Defendant promised to deliver the instant apartment, which is the leased object, to the person designated by the Plaintiff immediately so that the Plaintiff may receive a direct refund of the lease deposit from the Korea Land and Housing Corporation even during the lease term (hereinafter “instant promise”).
From October 5, 2017 to April 30, 2018, the Defendant is a total of KRW 27,737,504 ( principal 25,30,000, interest 408,264, interest 2,029,240), and interest 2,029,240) as of April 30, 2018.
[Ground for Recognition] Unsatisfy, Gap 1 to 4 each entry
2. According to the above facts of determination, the Defendant shall pay to the Plaintiff the total amount of KRW 27,737,504 and the principal of the loan amount of KRW 25,30,000 from May 1, 2018 to the date of full payment.