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1. The Defendant shall pay to the Plaintiff KRW 32,392,240 as well as KRW 31,956,90 as per annum from August 29, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On November 25, 2016, the Defendant concluded an installment financing agreement (hereinafter “Agreement”) with the terms that the Plaintiff borrowed KRW 16.86% per annum from the Plaintiff’s share of KRW 16.5 million, with the interest rate of KRW 8.86% per annum, and that the principal and interest shall be repaid in installments for 36 months, and if the payment is delayed, the Defendant shall pay damages for delay at 25% per annum.
B. In addition, on January 11, 2017, the Defendant entered into an installment financing agreement (hereinafter “instant agreement”) with the Plaintiff to borrow KRW 20,140,000 from the Plaintiff as interest rate of KRW 8.85% per annum, with the content that the principal and interest shall be repaid in installments for 36 months, and if the payment is delayed, the payment shall be paid in installments for 25% per annum.
C. However, the Defendant lost the benefit of time due to the delayed payment of the principal and interest on each of the above loans. On August 28, 2017, the Defendant bears KRW 13,309,117, including the principal amount of KRW 13,201,49 and KRW 107,618, such as interest and delay damages pursuant to the first agreement, and KRW 18,75,402, including interest and delay damages, KRW 327,721, including the principal amount of KRW 18,75,402 and KRW 327,721, respectively, based on the second agreement.
【Fact-finding without a dispute over the basis of recognition, entry of evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 25% per annum as stipulated in each of the above agreements from August 29, 2017 to the date of full payment for the principal and interest, etc. of each of the above loans (13,309,117, 19,083,123) and the principal amount of KRW 31,956,901 (13,201,49, KRW 18,75,402).
3. Thus, the plaintiff's claim is justified.