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1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and 8.21% per annum from December 21, 2015 to February 25, 2016; and (b) the Plaintiff.
Reasons
Basic Facts
On August 9, 2010, the Plaintiff, on August 9, 2010, lent a loan to the Defendant with an interest rate of KRW 30 million plus 10% per annum of August 9, 2012 at the due date, plus 0.1% per annum of interest, and thereafter, the base rate for change (12 months during the change cycle), and the interest rate for delay plus 6.21%.
On August 14, 2014, the Plaintiff and the Defendant postponed the payment period of KRW 30 million until August 4, 2016.
According to the above loan transaction postponement agreement, interest is 8.52% during the 12-month period from the date of conclusion of the above postponement agreement, and thereafter, the average interest rate on the balance basis was applied.
(12 months) Accordingly, the interest rate applied from August 14, 2015 to the loan is 8.21%.
The defendant was unable to pay interest on the loan from December 20, 2015.
The loan transaction agreement between the plaintiff and the defendant states that the "basic terms and conditions for credit union credit transaction" shall apply, and according to Article 7 (2) of the above credit union credit transaction basic terms and conditions, if a debtor delays the payment of interest for one month continuously from the time when the debtor is liable to pay interest, the debtor shall naturally lose the term of the relevant debt, but if the union fails to notify the loss of the term by three business days prior to the date when the notice is actually delivered, the debtor shall be liable to pay the interest immediately after the lapse of three business days from the date when the notice is delivered
On February 15, 2016, the Plaintiff sent a peremptory notice demanding repayment of the total amount of the principal and interest of the loan to the Defendant by February 25, 2016.
[Grounds for recognition] In light of the above facts, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, 4, 5, 6, and Gap evidence 7-1, and the whole purport of the pleadings, the defendant's loan principal amounting to 30 million won and interest thereon on the plaintiff's last payment date.