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1. The Defendant’s KRW 19,914,964 and its portion
(a) KRW 13,533,797 shall be from June 5, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On October 19, 2012, the Defendant borrowed KRW 24,900,000 from the Plaintiff at 60-month interest rateing to 6.9% per annum, interest rateing to 25% per annum, and interest rateing to 13,936,789. The loan principal that was unpaid as of June 4, 2015 is KRW 13,936,789.
B. On August 20, 2014, the Defendant borrowed KRW 9,530,00 from the Plaintiff at 24 months of the loan period, interest rate of KRW 19.5% per annum, and interest rate of KRW 27% per annum (change rate). On June 4, 2015, the loan principal that was unpaid as of June 4, 2015 is KRW 6,381,167, and interest for delay is 23.5% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remainder of KRW 19,914,964, and delay damages therefrom, excluding KRW 402,992,992, which the Plaintiff deducteds from the sum of the principal borrowed ( KRW 13,936,789, KRW 6,381,167).
3. In conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the overdue interest rate of 23.5% from June 5, 2015 to the date of complete payment, with respect to KRW 19,914,964 and KRW 13,533,797 (=13,936,789-402,992). Thus, the Defendant is obligated to pay damages for delay calculated at the rate of 23.5% per annum, which is the overdue interest rate of KRW 25% from June 5, 2015 to the date of full payment. Thus, the Plaintiff’s claims are justified within the above scope of recognition, and the remainder of claims are dismissed as it is without merit. It is so decided as per Disposition.