beta
Text
1. The Defendant’s KRW 395,00,000 as well as the Plaintiff’s KRW 4.3% per annum from August 16, 2014 to October 15, 2014.
Reasons
1. Facts of recognition;
A. On May 13, 201, the Plaintiff lent KRW 395,000,000 to the Defendant as indicated in the following table (hereinafter “instant loan”).
The interest rate on the date of repayment for the kinds of loans, delay interest rate, general limit transaction loan, May 13, 201 plus 14.5% per annum on May 13, 2016.
B. According to the loan agreement of this case, when the Defendant fails to pay the principal and interest of interest, installment payments, and installment payments on the designated date, the Defendant shall pay damages for delay to the Plaintiff for the amount to be paid. ② When the Defendant fails to pay his/her obligation on the expiration date of the loan period or loses his/her benefit under Article 7 of the Framework Agreement on Credit Transactions in the Credit Union, the Defendant shall pay damages for delay to the Plaintiff
C. By August 15, 2014, the Defendant repaid the interest on the instant loan to the Plaintiff, but was unable to repay the interest from September 16, 2014, thereby losing the benefit of the term on October 16, 2014.
Meanwhile, the interest rate on the instant loan is 4.3% per annum after August 15, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination:
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff interest or delay damages at the rate of 18.8% per annum, which is the agreed interest rate, from August 16, 2014 to October 15, 2014, which is the day following the date of the final repayment of interest, for the principal amount of KRW 395,000,000 among the instant loans, and from August 16, 2014 to the day following the date of the day of the day of the loss of interest due.
B. The Plaintiff asserts that the Plaintiff is obligated to pay damages for delay at the rate of 18.8% per annum from August 16, 2014 to October 15, 2014 for the principal amount of the instant loan obligation of KRW 395,000,000,000. However, as seen in the above recognition, the Plaintiff’s repayment date of the instant loan has expired or the Defendant’s interest has expired.