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1. The Plaintiff:
A. As to KRW 635,648,755 and its KRW 369,00,000 among Defendant A, Defendant A shall be from March 24, 2016 to April 21, 2016.
Reasons
1. Facts of recognition;
A. On January 16, 2008, the Defendants as the parties entered into a business agreement with drts Co., Ltd. (hereinafter “drts”) and the above company, and entered into a sales contract with the new Dong-dong Construction Co., Ltd. (hereinafter “new Dong-dong Construction”) on the 409 Dong-dong 603 (hereinafter “the apartment of this case”). On January 2008, the Plaintiff entered into a business agreement with drts and new Dong-dong Construction and the sales contract with the Defendants on the part of part payment and the payment of loans for the apartment of this case (hereinafter “the instant business agreement”). The Plaintiff is a financial institution that borrowed part payment to the Defendants as follows.
B. On August 17, 2009, Defendant A loaned KRW 369,000,000 to the part payment of the instant apartment to the part payment, based on the interest rate and overdue interest rate determined by the Plaintiff.
(hereinafter “instant loan”). At the time of the instant loan, Defendant B guaranteed the principal and interest of the loan within the scope of KRW 479,700,000.
C. (1) Defendant A lost the benefit of time due to delayed payment of interest from June 1, 201. (2) As of March 23, 2016, the balance of the principal of the loan as of March 23, 2016 is KRW 369,00,000, and the interest in arrears is KRW 266,648,755.
Meanwhile, the overdue interest rate determined by the Plaintiff is 14.02% per annum.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the determination on the cause of claim 1, Defendant A is obligated to pay to the Plaintiff the sum of KRW 635,648,755 of the principal and interest of the loan, and KRW 369,00,00 of the principal and interest of the loan from March 24, 2016 to April 21, 2016, which is the date of delivery of the original copy of the instant payment order from March 24, 2016, the Plaintiff’s annual 14.02%, and delay damages calculated by 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.