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1. The Defendant’s KRW 582,686,520 among the Plaintiff and KRW 364,438,938 among the Plaintiff, shall be KRW 85,57,000 from March 26, 2014.
Reasons
1. Basic facts
A. On October 13, 2009, the date of loan commencement, October 13, 2009, and September 30, 2011 (the change to June 30, 2012 thereafter), the rate of delay from December 29, 2011, as determined by the Plaintiff, where the overdue period from December 29, 201 does not exceed one month, the lower rate between the applicable interest rate of 7.0% and 17%, the lower rate between 8.0% and 17%, and the applicable interest rate of 9.0% and 17% if the loan exceeds three months, and the lower rate of 9.0% and 17% if the loan is over three months, was entered into a household general loan agreement (division, execution contract of this case) with the content that the interest rate is lower.
B. In accordance with the instant loan agreement, the Plaintiff respectively performed a loan of KRW 427,785,00 on October 13, 2009 and KRW 85,57,000 on January 4, 2010. However, with respect to the loan of KRW 471,957,016 (principal KRW 364,438,938) as of March 25, 2014, and with respect to the loan of KRW 110,729,504 (principal KRW 85,57,000) as of January 4, 2010, the Plaintiff did not receive each principal and interest of KRW 110,729,504 (principal KRW 85,57,00) as of March 26, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, 9, 10 (including additional number), the purport of the whole pleadings
2. According to the reasoning of the judgment on the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 582,686,520 (the total amount of principal and interest of loans KRW 471,957,016 KRW 110,729,504) and KRW 364,438,938 of the loan principal as of October 13, 2009 from March 26, 2014; and KRW 85,557,000 of the loan principal as of January 4, 2010 from March 27, 2014 to October 16, 2014, the agreed rate of KRW 17% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of service of the application for correction of the claim of this case.
3. Judgment on the defendant's assertion
A. The Defendant received a loan to purchase B apartment units and pay part payments. However, since the sales contract was terminated and the Defendant could not purchase apartment units, the Defendant paid the instant loan.