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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 3,00,000 and with regard thereto, from April 29, 2014.
Reasons
1. Comprehensively taking account of the statements in Gap evidence Nos. 1 through 3, and the results of the other party’s financial transaction information reply to C, the defendant, on January 15, 2014, extended a loan with the interest rate of KRW 1 million (3 million in total) from D Co., Ltd. (EE Co., Ltd.) at the rate of KRW 38.81% per annum and overdue interest rate, and the due date of repayment on January 15, 2017, and received an additional loan with the interest rate of KRW 200,000 on February 28, 2014 and March 28, 2014, and KRW 1.6 million on April 12, 2014; the defendant delayed interest on the above loan from April 29, 2014 on the above date; and the fact that the plaintiff did not pay the loan principal at the rate of KRW 3 million and delayed interest rate of KRW 3 million on the above date.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above amount of KRW 3 million and damages for delay calculated at the rate of 12% per annum with the plaintiff within the agreed rate from April 29, 2014 to the date of full payment.
2. If so, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and thus it is revoked, and it is so decided as per Disposition by the court below to order the payment of the above money to the defendant.