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1. The Defendant shall pay to the Plaintiff KRW 22,177,842 as well as KRW 20,200,000 among them, from October 25, 2017 to the day of full payment.
Reasons
1. Basic facts
A. On June 16, 2014, the Defendant agreed to obtain a loan of KRW 20,200,000 from the Plaintiff with the following content:
(hereinafter referred to as “instant loan”). The date of the expiration of the loan period: 4.5% per annum on June 30, 2014: 11% per annum on a three-month basis; 11% per annum on a six-month basis; 12% per annum on a six-month basis; and 14% per annum on a six-month basis: The method of paying delay damages plus 4.5% per annum on a loan principal at the time of loss of the benefit due date; 4.5% per annum on a six-month basis; 11% per annum on a six-month basis; 12% per annum on a six-month basis; and 14%) on a six-month basis: the principal shall be repaid at once on the expiration of the loan period; and the interest shall be automatic transfer from the Plaintiff’s account established in the name of the
B. On June 29, 2016, the Plaintiff and the Defendant extended the loan term of the instant loan by June 30, 2018.
C. On December 30, 2016, due to the shortage of deposits in the account of the Defendant’s community credit cooperatives, only 12,410 won out of the interest on loans 74,712 from November 30, 2016 to December 29, 2016 was paid. On February 21, 2017, the Plaintiff sent a peremptory notice to the Defendant stating that the Plaintiff would refund the principal of the instant loan and overdue interest, etc. up to February 27, 2017, totaling KRW 20,582,790.
The relevant parts of the basic terms and conditions of credit transactions (amended by January 20, 2014; hereinafter “instant basic terms and conditions”) and the internal automatic transfer terms and conditions of community credit cooperatives (hereinafter “instant automatic transfer terms and conditions”) attached to the instant loan agreement are as follows.
[Basic Terms and Conditions of this case] The obligor is obligated to pay the debt prior to the deadline under Article 7 (2) where any of the following events occurs with respect to the obligor, and the obligor is obligated to pay the debt immediately after he/she has lost the benefit of the deadline.
Provided, That the community credit cooperatives shall not later than three business days prior to the date of loss of time, and thereby lose the profits arising therefrom: