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1. The Defendant shall pay to the Plaintiff KRW 52,49,490 as well as KRW 48,600,00 among the costs, from November 12, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 22, 2008, the Defendant concluded each lease contract with respect to the Seoul Jung-gu, Seoul, a company, to which the same company is an executor, with respect to the B commercial buildings, the Defendant entered into an agreement on May 22, 2008 on the lease of the first unit of the second floor above 74,000,000 won on May 29, 2008 and the second unit of the fifth floor above 74,000,000 won on which each lease is to be made.
B. Around August 25, 2008, the Defendant entered into two loan transaction agreements (hereinafter “each of the instant loan transaction agreements”) with the Plaintiff on the following terms: (a) the amount of each of the loans was KRW 27,000,000, interest rate MOR (market procurement interest rate, rate of 1.31% (3 months during interest rate); and (b) the period of the loan (the maturity was extended by April 20, 2015) and two years (the maturity was extended by April 20, 2015).
C. The Plaintiff carried out each of the above loans to the Defendant by directly depositing each of the loans set forth in subparagraphs 1 and 2 into the account of Logn&C pursuant to each of the instant loan transaction agreements.
As of November 11, 2015, the total amount of principal and interest of each of the above loans is KRW 52,49,490 (i.e., the agreement on KRW 24,300,000 on the balance of the first loan to KRW 202,761 overdue interest of KRW 1,748,877, the agreement on KRW 24,30,000 overdue interest of KRW 199,748,846). The overdue interest rate under each of the loan agreements of this case is KRW 13.08% per annum.
[Ground for Recognition: Facts without dispute, Gap evidence 1-3, Gap evidence 2-1-3, purport of the whole pleadings]
2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 13.08% per annum from November 12, 2015 to the date of full payment of the principal and interest, as to the total amount of KRW 52,49,490 in each of the principal and interest of this case and the balance of the principal and interest of the loan plus KRW 48,60,000 in total (= KRW 24,30,000 in the second loan balance of KRW 24,30,000 in total).
2.3.