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1. As to KRW 26,084,069 and KRW 23,750,00 among them, the Defendant shall pay to the Plaintiff the year from February 11, 2015 to March 2, 2015.
Reasons
Facts of recognition
According to the overall purport of the statements and arguments in Gap evidence 1 through 5, Gap evidence 6-1, 2, and Gap evidence 7, the following facts may be acknowledged:
(A) The defendant asserts that the defendant is B and the defendant is merely a formal debtor, and that this was a prior agreement with the plaintiff, but there is no evidence to reverse the fact-finding as follows.
On July 15, 2010, the Plaintiff loaned KRW 25,000,00 to the Defendant on July 15, 2012 under the joint and several guarantee of B, which was the expiration date of the lending period, interest rate of KRW 2.250% (3 months during the lending period), interest rate of KRW 2.25,00,000,00 on the 15th day of each month during the payment period of interest, and the Defendant paid monthly interest to the Plaintiff during the lending period.
B. On July 18, 2012, the Plaintiff repaid KRW 1,246,896 out of the above loan principal from the Defendant; the remainder of the loan on the same day is KRW 23,750,00; the interest rate is KRW 1.21% of the changed-based interest rate (3 months during the interest rate); and the time for payment of interest was set on the 15th day of each month and extended the expiration date on July 16, 2013.
C. On July 2013, the Plaintiff set the interest rate on the balance of the loan to “general loan MOR (three months per annum)”, and the time for payment of interest shall be the 15th day of each month. If the overdue period from the expiration date of the loan does not exceed 30 days, 5% damages on the loan interest rate shall be added, and if the overdue period is not more than 90 days, 6% damages on the loan interest rate shall be added, and if the overdue period is not more than 90 days, 8% damages on the loan interest rate shall be added, and if the overdue period exceeds 91 days, 8% damages on the loan interest rate shall be added, and the expiration date of the loan period shall be postponed on July 15, 2014.
However, the Defendant paid monthly interest to the Plaintiff by June 15, 2014, but did not pay the last month interest and the principal of the loan to be paid on July 15, 2014.
Meanwhile, the agreed rate from April 16, 2014 to July 15, 2014 with respect to the above loans was 8.9%, and from July 16, 2014 to October 15, 2014.