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1. Defendant A:
(a) 339,272 won and 15% per annum from June 16, 2017 to the date of Down payment.
Reasons
1. Basic facts
A. On June 25, 2014 and August 11, 2014, the Plaintiff granted loans to Defendant A by setting the interest rate of KRW 5,000,000 in arrears as 11%, respectively.
(hereinafter “instant 1.2 Loans”). (b)
As of June 2, 2017, Defendant A lost the benefit of time on August 2, 2016 due to the non-payment of each of the above loans. As of June 2, 2017, Defendant A lost the benefit of time on the date of the closing of the argument in the instant case, KRW 339,272, which is close to the date of the closing of argument in the instant case, and KRW 2,970,739 (interest of KRW 2,60,000 until June 1, 2017) of the principal and interest of the instant two loans remains as the outstanding amount.
C. On May 24, 2016, Defendant A entered into a contract to donate the real estate indicated in the attachment (hereinafter “instant real estate”) indicating the only property owned by Defendant B, the mother, to Defendant B. On May 25, 2016, Defendant B completed the registration of ownership transfer under the name of Defendant B as the receipt No. 136922 on May 25, 2016.
(hereinafter “instant donation”). Meanwhile, at the time of the instant donation, Defendant A bears the credit loan obligations of KRW 12,00,000 for life insurance, and KRW 7,600,000 for the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-10, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the Plaintiff’s claim against Defendant A, as to the damages for delay due to the instant loan 1,39,272, and the Plaintiff’s claim as to the amount of damages for delay due to the instant loan 339,272, as sought by the Plaintiff, the Defendant A claimed and the cause of the instant claim from June 16, 2017, calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from June 16, 2017 to the date when the copy of the application for modification of the claim and the cause of the claim was served to Defendant A, and from June 2, 2017 to the date when the principal is calculated.