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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 7.
The Defendant received loans of KRW 323,360,00 (hereinafter “the instant loans”) from the new bank (hereinafter “new bank”) around March 31, 2009 in order to purchase a high-sea B apartment constructed by the Corporation and to prepare an intermediate payment. Around February 28, 201, the expiration date of the loan period is February 28, 201, the loan interest rate is 2.8% (3 months in the interest rate) in CD 2.8% (the interest rate is 9% in arrears interest rate) in addition to the loan interest rate of KRW 16% per annum in a year, and the interest rate is 21% per annum. At the time of the instant loan, the first interest rate is 323,360,000 (hereinafter “the instant loan”). The interest rate is within one month from the first day of the loan commencement date, within one month from the date following the end of calculating the interest payment, and if the new bank fails to pay damages for delay from the expiration date of the loan.
B. A new bank had extended the loan period by September 30, 201 and finally extended the loan period by March 30, 2012. However, on December 29, 2014, interest and delay damages on the balance of the loan (which became KRW 323,359,421 as of August 11, 201) were total KRW 132,937,619 [3,262,828 won (the agreed interest on KRW 323,359,421 as of KRW 323,359,421 until March 30, 2012) from February 2, 201 to KRW 16,706 (interest on KRW 1,631,414 to KRW 31,35,421 until March 30, 2012, from March 231, 2014 to KRW 31,35,2014 to KRW 3135,294.25.2531.25