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1. As to KRW 4,62,511,369 and KRW 200,00,00 among the Plaintiff, the Defendant shall start from December 11, 2015 to January 8, 2016.
Reasons
1. Basic facts
A. On March 2, 2007, the Defendant borrowed KRW 2,00,000,000 from the Future Savings Bank (hereinafter “BE Savings Bank”) on November 16, 2009, at the rate of 20.075% per annum, and at the rate of delay compensation, at 30% per annum, and did not repay the principal or interest on the said loan. As such, the Defendant did not repay the principal or interest on the loan, the balance of the principal and interest of the loan totaled KRW 6,321,636,031 (the principal and interest of the loan totaled KRW 1,859,124,62,51,369) as of December 10, 2015.
B. Meanwhile, on April 30, 2013, the future savings bank was declared bankrupt by the Seoul Central District Court, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
【In the absence of dispute over the grounds for recognition, Gap’s evidence 1, Gap’s evidence 2-1, 2, and 3, the purport of the whole pleadings and arguments
2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay 4,62,511,369 won (such as 4,462,511,369 won, such as 20,000,000 won of loan principal) out of the total balance of the above principal and interest of loan, and 20,000,000 won among them, as the plaintiff seeks, 30% per annum under the agreement from December 11, 2015 until January 8, 2016, which is the delivery date of the original copy of the instant payment order, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, as the plaintiff seeks.
3. The defendant's assertion is without merit. The defendant's claim as to the defendant's claim for damages for delay seeking damages in excess of the rate of 15% per annum from January 9, 2016 to the date of full payment. The defendant's claim for damages for delay is without merit, which is calculated at the rate of 30% per annum pursuant to the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).