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1. As to KRW 42,289,804 and KRW 20,000 among the Plaintiff, Defendant A shall be from July 17, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On May 16, 2006, the Plaintiff entered into a loan transaction agreement with C and loans KRW 20,000,000 on May 18, 2008 (the last expiration date of the loan due to the extension of several times thereafter, which came to be May 18, 2017), interest rate fluctuation rate (0.7%), and interest rate for delay damages at the highest rate of 19% per annum (hereinafter “first loan”). At the time, Defendant A, the mother of C, jointly and severally guaranteed the first loan obligation of C.
B. On August 31, 2016, the Plaintiff entered into a loan transaction agreement with Defendant A and loans 20,000,000 won as of August 31, 2018 on the expiration date of the loan, with the rate of change in the loan interest (based interest rate 0.39%) and the rate of delay damages, with the rate of 8% per annum in cases where the overdue period is less than three months, 9% per annum in cases where the overdue period is less than six months, and 11% per annum in cases where the overdue period is more than six months.
(hereinafter referred to as “second loan”). (c)
C Since March 1, 2017, C delayed the payment of interest on the first loan. On June 2, 2017, and June 15, 2017, the Plaintiff sent to C a certificate of the purport that the Defendant A would be notified of the delinquency of the first loan and demand repayment on June 2, 2017, C lost the benefit of the first loan obligation.
Since March 1, 2017, Defendant A delayed the payment of interest on the second loan, and on June 2, 2017, Defendant A lost the benefit of the second loan due to Defendant A’s failure to pay the interest on the second loan by sending to Defendant A a certificate of the purport that the Plaintiff notified the arrears of the second loan and demanded repayment.
E. As of July 16, 2017, the first loan obligation remains at the rate of KRW 1,215,510 (the interest rate on arrears after July 17, 2017, which is the day following the date on which the final damages for delay are calculated) plus the principal amount of KRW 20,000,000,000, and the second loan obligation remains at the rate of interest rate of delay after July 17, 2017, which is the day following the date on which the final damages for delay is calculated.