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1. As to KRW 687,03,861 and KRW 412,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 687,03,861 from March 28, 2016 to May 26, 2016.
Reasons
1. Basic facts
A. On June 15, 2009, the Plaintiff lent KRW 412,000 to the Defendant, and the details are as follows:
(2) On June 15, 2009, interest rate of 2009: 12,00,000 loan (hereinafter referred to as “instant loan contract”): The repayment method on July 15, 201: The repayment method on July 15, 201: 4.2,00,000 loan (hereinafter referred to as “instant loan contract”): The repayment method is to be made on the expiration date of the loan period.
Interest payment timing and method: The interest rate for delay on the payment date set every one month from the date of commencement of the loan (Article 3 (5) of the Basic Terms and Conditions for Credit Transactions (for example), the highest annual rate:
B. As of March 27, 2016, the Plaintiff’s balance of the principal and interest of the Defendant is KRW 687,03,861 (i.e., principal interest of KRW 412,00,000,000) (i.e., interest of KRW 4,352,411, including delay damages of KRW 270,681,450).
Meanwhile, Article 3 (5) of the Framework Terms and Conditions for Credit Transactions (AFF) provides that "where an obligor delays the performance of his/her obligations to the Federation, the amount to be paid immediately shall be deemed as one year and 365 days as determined by the Federation within the limit prescribed by the Acts and subordinate statutes, and shall pay damages for delay equivalent to the number of delayed days calculated on a daily basis, but shall be able to change the rate within the limit permitted by the Acts and subordinate statutes due to changes in financial circumstances or other reasonable reasons, the rate of damages for delay determined by the Plaintiff pursuant to the said provision shall be 13.28% per annum
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]
2. According to the above facts of determination as to the cause of the claim, the Defendant shall pay to the Plaintiff the amount of KRW 687,03,861 totaling the principal and interest of KRW 412,00,000,000, whichever is the following day in the calculation of the final damages for delay, 13.29% per annum, which is the agreed rate from March 28, 2016 to May 26, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.