1. The defendant shall pay to the plaintiff KRW 84,014,641 as well as KRW 83,023,352 among them, from August 22, 2016 to the day of full payment.

Basic Facts

On January 3, 2007, A Co., Ltd. (hereinafter referred to as “A”) granted a loan of KRW 95,000,000 to the Defendant on January 3, 2007 at the maturity of payment on January 3, 2008, at the rate of 10% per annum, and at the highest rate of overdue interest rate of 25%

(hereinafter “instant loan”). The instant loan has been extended later, but the maturity of which was extended on January 3, 2012, and was denied on January 3, 2012, and thus, delayed payment. As of August 21, 2016, the principal and interest obligation of KRW 84,014,641 remains as of August 21, 2016, including the principal amount of KRW 83,023,352, overdue interest of KRW 91,289.

A was declared bankrupt by the Seoul Central District Court (Seoul Central District Court 2012Hahap96) on September 7, 2012, and the plaintiff was appointed as the bankruptcy trustee of A.

[Grounds for recognition] There is no dispute. According to the above facts, Gap evidence Nos. 1 through 3, and the obligation to pay a loan to determine the cause of a claim as a whole, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 25% per annum from August 22, 2016 to the date of full payment of overdue interest calculated with respect to the above principal amount of KRW 84,014,641, and 83,023,352, which is the principal.

A. The Defendant’s financial institution which refuses to extend the term of maturity is obligated to extend the term of maturity, barring special circumstances, and it is customary to extend the term of maturity almost unlimited. A’s trust in extending the term from January 3, 2008 to January 3, 2012, and thus, A refused to extend the term of maturity despite its duty to extend the term of maturity under the good faith principle.

On August 29, 2006, the Defendant borrowed KRW 50,000,00 from A, and repaid the above loan on January 3, 2007 with the instant loan granted on January 3, 2007, and during that period, A has managed the instant loan as a false resident registration number.

For this reason, the loan of this case is excluded from the subject of transfer and the extension of maturity is refused when the loan of this case is transferred to C Bank around January 2012.

Accordingly, the defendant interest and interest calculated by normal interest rate during the period from January 2012 to June 2017.