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1. Defendant B’s KRW 160,300,000 as well as 20% per annum from December 6, 2014 to September 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. Nonparty D, the father of the Plaintiff, determined to Defendant B KRW 100,000,000 on April 21, 2008 and KRW 20,000,00 on December 30, 209 as interest rate of 12% per annum without setting the respective due date for payment (hereinafter collectively collectively referred to as “the first loan”).
B. On April 21, 2008, Defendant B prepared a loan certificate of KRW 100,000 (Evidence 1; hereinafter “the instant loan certificate”) to the Plaintiff. The instant loan certificate contains the Defendant C’s wife at the time (the Defendant divorced around June 10, 2013) as the guarantor, and the Defendant C’s seal is stamped.
C. On July 18, 2011, D transferred the instant loan claim No. 1 (principal KRW 120,000,000, interest accrued at 18,400,000) to the Plaintiff. On the same day, D sent a content-certified mail notifying the Defendant B of the said assignment of claims, and the said content-certified mail reached the Defendant B around that time.
- Loans: 120,000,000 (payment until July 20, 2016) - Interest rate: 8% per annum (payment by July 30, 2016): In the following cases, the borrower may not refuse the demand of the borrower that the principal and interest be repaid even before the due date:
1. If the interest has not been paid for more than three months - the special agreement provides that the borrower shall pay the borrower the interest in arrears with a total of KRW 18,400,00 as of July 201.
(6) The monthly interest payment date shall be three days before and after the designated date, and prior overdue surcharges shall apply to the accrued interest without any separate notice.
(2%) d.
On the other hand, on July 21, 2011, the Plaintiff entered into a new loan agreement with Defendant B on the instant loan No. 1 with the following content:
(hereinafter referred to as “instant second lending”). (e)
Defendant B did not pay interest under the instant loan agreement for three months from December 2011, and the Plaintiff paid three months to Defendant B on April 17, 2012.