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1. The Defendant’s KRW 27,669,094 as well as the Plaintiff’s KRW 30% per annum from September 19, 2009 to July 14, 2014, and the following.
Reasons
1. Basic facts
A. On July 18, 2008, the Plaintiff, in fact, lent to the Defendant the amount of KRW 29,100,000 (the amount of KRW 30,000,000,000) which deducts the interest on the advance payment (the amount of KRW 30,000), was due on August 30, 200, interest on KRW 30,000 which was due on August 29, 2008, ② was actually deducted the interest on the advance payment (the amount of KRW 30,00,000,00 which was actually due on August 29, 2008), was set as KRW 29,10,000 which was deducted the interest on the advance payment (the amount of KRW 30,00,000).
B. The National Agricultural Cooperative Federation received from the Daejeon District Court on December 1, 2008 a voluntary decision to commence auction (D) as to shares of 81.4/85.3 square meters owned by the Defendant among the 85.3 square meters in Daejeon-gu Daejeon-gu Daejeon-gu Daejeon-dong Daejeon-gu Daejeon-si District Court. The Plaintiff received 50,000,000 won from the auction procedure on September 18, 2009.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 5, Gap evidence 6-1, 2, the purport of the whole pleadings
2. The plaintiff's claims against the defendant based on September 18, 2009, based on the fact of the above recognition of the board:
Total principal and interest (won) (1) (39,36,821 29,100,000 10,236,821 [=200 x [163 days/365 days (from July 18, 2008 to September 18, 2009)] x 30% per annum under the former Interest Limitation Act (Act No. 9344) at the time of 0.3 0.4 x 305 x 29636% per annum from the date of 38,332,27329,239,232,273 x 275 x 369% per annum from the date of 20121,365 x 30936.36% per annum from the date of 209 to the Plaintiff (i.e., the Defendant is obligated to pay the above 209,369% per annum from the date of 209.36
3. The defendant's assertion and judgment
A. The defendant's assertion goes beyond the deduction of interest from the plaintiff on the date of each borrowing.