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1. The Defendant shall pay to the Plaintiff KRW 94,745,280 and a rate of KRW 25% per annum from May 10, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company operating installment financing and facility leasing business, and the Defendant is a company operating domestic travel business.
B. On February 4, 2016, the Plaintiff entered into a credit transaction agreement with the Defendant with a loan of KRW 100 million, loan period of 48 months, interest rate of 9% per annum, and interest rate of 25% per annum (hereinafter “instant loan agreement”), and paid a loan of KRW 100 million to the Defendant.
C. On or before April 19, 2016, the Defendant lost the benefit of the time limit for the instant borrowed money by delaying the repayment of the principal and interest of the instant borrowed money.
Meanwhile, the Defendant repaid part of the principal and interest six times from March 7, 2016 to May 10, 2016, and the instant loan obligation remains unpaid as of May 10, 2016, the Defendant’s final deposit date (i.e., KRW 94,745,280 (i.e., KRW 100 million - the total amount of principal repaid until May 10, 2016).
(A) [Evidence 6] / [Grounds for Recognition] , entry of Evidence A 1 through 8, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the said KRW 94,745,280 and damages for delay based on the agreed rate from May 10, 2016.
Meanwhile, the Plaintiff claimed damages for delay at the rate of 25% per annum from May 9, 2016 to the date of full payment of KRW 95,351,020 and the outstanding principal amount of KRW 94,745,280. However, there is no evidence to acknowledge that there exists interest on outstanding principal other than KRW 94,745,280.
Rather, according to the statement in Gap evidence No. 6, it can be acknowledged that there is no interest, overdue interest, fees, expenses, etc. other than the principal amounting to KRW 94,745,280 as of May 10, 2016, which was the last deposit date of the defendant (i.e., KRW 100,000 - KRW 5,254,720, which was repaid until May 10, 2016).
Therefore, the above recognition scope.