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1. The Defendant shall pay to the Plaintiff KRW 33,326,724 as well as KRW 25,024,402 from November 27, 2012 to the day of full payment.
Reasons
In full view of Gap's statements and the purport of the whole arguments as to the cause of claim Gap 1, 2-1, 2-2, and 3-8, Daewoo Capital Co., Ltd.: (a) on February 12, 2007, with the maturity of 30 million won and 36 months after the maturity of payment; (b) with the interest rate of 18% per annum; (c) on March 14, 2007, with the maturity of 50 million won and 36 months after the maturity of payment; and (d) with the interest rate of 18% per annum; (b) as of May 1, 2010, the defendant transferred the remaining principal and interest amount of KRW 33,326,724 (i) plus the remaining principal and interest of KRW 7,459,489, KRW 202, KRW 17,564,913, and delay damages, etc.; and (d) notified the defendant 1,501,2500.
According to the above facts, the defendant is obligated to pay to the plaintiff 3,326,724 won and the total amount of 25,024,402 won of the loan principal (i) the remaining principal of the loan (ii) KRW 17,564,913 of the remaining principal of the loan, which is the day following the delivery date of a copy of the complaint of this case from November 27, 2012 to the day of full payment, the damages for delay calculated by 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 27, 2012 to the day of full payment.
As to the Defendant’s assertion, the Defendant was to raise funds for the purchase of vehicles to be purchased by Jinjin Tourism Co., Ltd., but the Defendant recovered the vehicles purchased from the above loan, thereby repaying all the principal and interest of the loan.
Although there is a defense to the effect that the above debts were settled upon liquidation or acquisition by the two or more different tourist corporations, it is not sufficient to acknowledge the above repayment only with the descriptions of 1-9, and there is no other evidence to acknowledge it, the above defense is without merit.
The defendant is 60% of the vehicle price under the Financial Transactions Act.