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1. The defendant shall pay to the plaintiff the amount of KRW 28,846,286 and KRW 27,951,438 from July 19, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On September 2, 2013, the Plaintiff received an application for a loan from the representative director C (C was registered as the representative director of the Defendant on August 19, 2013) of the Defendant (C was a stock company B at the time), and on September 5, 2013, the Plaintiff made a loan (hereinafter “the instant loan”) by determining the amount of KRW 48,00,000 as the commercial purchase loan subject, interest rate of KRW 10.9% per annum, interest rate of KRW 24% per annum, overdue interest rate of KRW 24% per annum, maturity of September 5, 2017, and interest and interest repayment method (hereinafter “instant loan”).
B. Since May 27, 2014, the Defendant delayed to pay the principal and interest of this case, thereby losing a benefit by July 15, 2014. As of July 18, 2014, the remainder of the principal and interest of this case is KRW 28,846,286 in total (i.e., principal and interest amount of KRW 27,951,438 in interest and overdue interest amount of KRW 45,910 in interest and overdue interest amount of KRW 438,938 in total).
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 19, the purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant, as a debtor of the instant loan, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from July 19, 2014, which is the day following the last day of calculating interest, to the amount of KRW 28,846,286 in total and the principal of the instant loan, and the amount of KRW 27,951,438 in total.
On the other hand, D, at the time of the defendant's representative director, had accepted C's request on August 13, 2013, which was necessary for preparing for acquisition, when it entered into a corporate transfer contract with C to transfer the defendant corporation at KRW 70 million, and registered C as the defendant's representative director on August 19, 2013, but still managed D, which had the defendant's existing representative director, such as the defendant's corporate reduction, etc., and C applied for the loan of this case to the plaintiff on August 16, 2013, which was before C was registered as the defendant's representative director.