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1. The defendant shall pay to the plaintiff KRW 340,112,697 and KRW 230,840,748 among them, from December 30, 2014 to the date of full payment.
Reasons
1. The following facts are acknowledged as either of the parties to a dispute or as a whole together with the purport of the entire pleadings in each entry in Gap evidence 1 to 3:
A. On September 9, 201, the Plaintiff leased KRW 468,00,00 to the Defendant at the interest rate of KRW 6.8% per annum, the due date for payment on September 9, 2013, and the delay damages rate of KRW 15.18% per annum.
(hereinafter “instant loan”). (b)
As the Defendant lost the interest on the instant loan from June 28, 2013 due to the delay in paying the interest on the instant loan, the Plaintiff applied for an auction of real estate rent to the Gwangju District Court Ypo-Support B with respect to the real estate owned by the Defendant, and received dividends of KRW 237,159,252 on December 23, 2014 from the said auction procedure and appropriated the instant loan principal.
C. Meanwhile, with respect to the instant loan, the interest accrued or delay damages incurred by the Defendant by December 22, 2014 is KRW 108,59,918, and KRW 230,840,748 (= KRW 468,00,000 - KRW 237,159,252) of the remainder of the loan principal is KRW 672,031 from December 23, 2014 to December 29, 2014.
2. According to the allegations and the above facts of determination, the Defendant is obligated to pay to the Plaintiff the total amount of 340,112,697 won (i.e., KRW 230,840,748 won, KRW 108,59, KRW 918 won, KRW 672,031), and to pay damages for delay calculated at the rate of 15.18% per annum from December 30, 2014 to the date of full payment.
As to this, the Defendant asserts to the effect that the instant loan agreement entered into between the Plaintiff and the Plaintiff is null and void as it constitutes a false conspiracy agreement, on the ground that D actually uses the instant loan and pays the principal and interest of the loan upon the request of D, which is due to the introduction of C and D, one of whose private villages, but only a loan obligor’s name, was lent for six months and entered into the instant loan agreement with the Plaintiff.
The truth and indication of declaration of intention in order to establish false declaration of intention.