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1. The Defendant shall pay to the Plaintiff KRW 21,750,000 per annum from January 30, 2015 to the day of full payment.
Reasons
1. The Plaintiff, on August 5, 2014, lent the loan at interest rate of KRW 30 million to the Defendant at 9% per annum. At the time of the loan, the Plaintiff and the Defendant agreed to pay the loan at the rate of KRW 404,540 per annum from August 29, 2014 to 20 months, but at once, they lose the benefit due to delay, immediately repay the total amount of the loan, and pay the loan at a rate of KRW 23% in addition to the interest accrued from the date of delinquency. The Defendant only paid the loan to the Plaintiff, and the Defendant did not pay the agreed repayment amount as above from January 30, 2015 to January 30, 2015, it can be recognized in full view of the purport of the entire pleadings as stated in the evidence No. 1.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2,1750,000 (=30,000,000 - KRW 8,250,000) and damages for delay at the rate of 23% per annum agreed from January 30, 2015 to the date of full payment, which is the date of arrears.
2. The defendant's assertion is alleged to the purport that the above loan was borrowed by the plaintiff's spouse C in the process of acquiring the store from the plaintiff's spouse, but it was impossible to operate the business since the issue of the store that was received later, and therefore, the above loan is not liable for the repayment. However, there is no evidence to prove that the defendant agreed to repay the above loan on the condition of business operation at the store. Thus, the above argument by the defendant is without merit.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.