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1. The defendant shall pay to the plaintiff KRW 108,660,306 and KRW 89,135,413 among them, a year from July 4, 2019 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. On June 24, 2015, the Plaintiff loaned KRW 200 million to the Defendant 200 million as interest EOR 2.3% (change rate), 15% per annum (6% per annum of loans with a delay period of 30 days or less, 6.5% per annum of loans with a delay period of 31 days to 90 days, 6.5% per annum of loans with a delay period of 31 days or more, 91 days or more, and 7% per annum of loans with a delay period of 91 days or more), and June 24, 2017. The said repayment period was extended on June 24, 2019 (hereinafter “the instant loan transaction”).
(2) From January 25, 2018, the Defendant did not pay interest, etc. on the said loan, and the Plaintiff filed an application for voluntary auction with the right to collateral security on the FF Forest land and the G road of 55 square meters, which is owned by the Defendant, on the date of distribution on March 7, 2019 of the auction procedure (which was conducted on March 7, 2019, the Plaintiff received KRW 111,68,112 from the date of distribution.
The above dividends paid 3,108,750 won for auction expenses up to that time, and 200,000,000 won for the principal of the loan of this case and overdue interest of 17,422,738 won, etc.
3) As of July 4, 2019, the Plaintiff was not repaid KRW 108,660,306, the sum of the principal of the instant loan and overdue interest of KRW 89,135,413, and overdue interest of KRW 19,524,893 as of July 4, 2019, and the compensation rate for delay under the loan transaction agreement of this case is 7.23% per annum. [Evidence evidence: Each statement of subparagraphs A through 7 (including the serial number) and the purport of the entire pleadings.
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 7.23% per annum, which is the agreed delay damages rate from July 4, 2019 to the date of full payment, with the amount of KRW 89,135,413, which is the remainder of the principal and interest of loan, and the principal of double loan, and after the expiration of the due date.
2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.