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1. The defendant paid KRW 986,460,69 to the plaintiff and 8% per annum from January 9, 2004 to December 9, 2006.
Reasons
1. Facts of recognition;
A. On December 9, 2003, Busan Two Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) granted a loan of KRW 1,400,000 to the Defendant on December 9, 2003, setting the maturity of KRW 1,400,000 to the Defendant on December 9, 2006 and at the interest rate of 8% per annum (hereinafter “instant loan”).
B. After that, between January 3, 2008 and May 21, 2008, Busan Two Savings Bank collected KRW 413,539,301 from the defendant and appropriated it to the principal of the loan, and the interest was completed until January 8, 2004.
C. Meanwhile, according to the credit transaction basic terms and conditions applicable to the loan of this case, when the repayment of the loan of this case is delayed, the debtor should pay damages for delay calculated at the interest rate set by the creditor, and the interest rate is 21%.
On March 7, 2012, Busan District Court Decision 2012Hahap1 was declared bankrupt on March 7, 2012, and the plaintiff was appointed as bankruptcy trustee on the same day and taken over the lawsuit of this case after the plaintiff was appointed as bankruptcy trustee.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, 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 interest or delay damages at each rate of 986,460,699 won (1,400,000,000 won - 413,539,301 won) and interest or delay damages at each rate of 8% per annum, which is the agreed delay damages rate from January 9, 2004 to December 9, 2006, the date following the due date of payment of the above loan, and from the next day to the date of full payment, 21% per annum, which is the agreed delay damages rate.
3. Judgment on the defendant's assertion
A. The defendant asserts to the following purport that the defendant was exempted from the obligation of the balance of the loan of this case from the Busan 2 Savings Bank.
1) On December 8, 2003, the Defendant borrowed KRW 1.3 billion from Hanmi Bank Co., Ltd., Ltd., and owned by the Defendant, and accommodation facilities (hereinafter “Cururel”) of the 8th floor above the 1st floor underground floor located in the Busan East-gu, Busan.