beta
Text
1. The defendant shall pay to the plaintiff 120,420,940 won and 34,965,995 won among them, from September 26, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. C (hereinafter “C”) in carrying out a loan (hereinafter “instant loan”) on the following terms and conditions, the Defendant agreed to pay damages for delay to the balance of the loan in a case where the Defendant loses the benefit of time under the terms and conditions set forth in the Bank Credit Transactions Basic Agreement or the Loan Agreement.
Loan subjects: Credit card loan (limit): 5 million won, date of commencement of loan: September 8, 1999: Date of expiry of loan: September 12, 200 (up to September 12, 2004): 13.4% per annum, and delayed interest rate: 29% per annum (up to 25%).
(b) Loan subjects: 30,00 won for general loan (limit): Date of expiration of loan on November 8, 2001: November 8, 2002 (which shall be extended on November 8, 2004), interest rate: P0.75% per annum, and interest rate per annum; 19% per annum;
B. The Defendant failed to repay the principal and interest of the loan by the expiration date of each loan period and lost the benefit due.
C. C filed a lawsuit against the Defendant regarding the claim for the instant loan (Cheongju District Court 2009Da10997), and the above court rendered a favorable judgment on January 13, 2010 that “The Defendant shall pay to C 25% per annum for KRW 67,906,824 and KRW 5,00,000 per annum for KRW 25% per annum from April 10, 2009 to the date of full payment, 29,965,95, and KRW 19% per annum for KRW 19% per annum from April 10, 2009 to the date of full payment.” The above judgment became final and conclusive around that time.
C Of the instant loans, credit card loan claims against the Plaintiff on June 21, 2013, and general loans claims against the Plaintiff on the same year.
7.5. Each transfer was made on June 23, 201, and the transfer was notified to the Defendant on June 23, 2014 and reached that time.
E. As of September 25, 2019, credit card loans remain respectively as the principal amounting to KRW 5,00,000, overdue interesting to KRW 6,116,967, general loans to KRW 29,965,95, overdue interest interest rateing to KRW 79,337,978.
[Ground of recognition] Unsatisfy, Gap 1 to 4 evidence number.