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1. The defendant shall pay to the plaintiff KRW 96,64,986 and KRW 18,174,728 among them from November 21, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. Each loan agreement 1) On September 20, 2012, SPA Savings Bank entered into a loan agreement with the Defendant on a yearly interest rate of KRW 19,000,000 with the Defendant 33.9% per annum, overdue interest rate of KRW 39% per annum, and on a condition that the principal and interest shall be repaid in equal installments (hereinafter referred to as “first loan”).
(2) On March 23, 2012, the Korea Standards Bank set forth a loan agreement between the Defendant and the Defendant with a view to applying a fluctuation rate of KRW 90,000,000 to the Defendant, set forth in the General Terms and Conditions for Credit Transactions (9.5% per annum for three months). The interest rate on delay shall be 9% per annum if the number of overdue days is less than 90 days, 9% per annum if the number of overdue days is less than 90 days, and 10% per annum if the number of overdue days is more than 90 days, and 9% per annum if the interest rate on delay
(hereinafter referred to as the “second-loan”). (b) The above arrangement
(1) On March 26, 2014, the Liber Savings Bank transferred the loan No. 1 to the Plaintiff on or around May 18, 2015, and notified the Plaintiff of the said transfer on or around June 2, 2015. (2) The Liber Loan Co., Ltd. transferred the loan No. 2 to the Plaintiff on or around November 21, 2014, and notified the Defendant of the said transfer on or around November 25, 2014.
C. The Defendant had delayed the repayment of the loan Nos. 1 and 2, and there remain KRW 18,174,728, and KRW 28,470,258 as the principal due on November 21, 2015.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 11, the purport of whole pleading
2. According to the facts of the above recognition, the Defendant’s total amount of KRW 96,64,986 (=18,174,258 won) and KRW 18,174,728 of the first loan, as the Plaintiff seeks, 34.9% per annum within the scope of the agreed interest rate from November 21, 2015 to the date of full payment, with respect to KRW 78,470,258 of the second loan, from November 21, 2015 to December 10, 2015, as the Plaintiff seeks.