1. The defendant shall pay to the plaintiff KRW 3,340,616 and KRW 32,152,40 among them, per annum from June 5, 2018 to the day of complete payment.

1. Facts of recognition;

A. On October 20, 2016, the Plaintiff loaned KRW 54 million to the Defendant at an annual interest rate of 10.9%, 13.9% per annum, 3.9% per annum, and 36 months per repayment period. The Plaintiff agreed to lose the benefit of time due to nonperformance of the agreement.

B. From March 10, 2018, the Defendant lost the benefit of time by delaying the obligation to repay the above principal and interest, and as of June 4, 2018, the Defendant sustained a total of KRW 33,340,616 (i.e., the principal amount of KRW 32,152,400, KRW 1,042,625, KRW 145,591).

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 13.9% per annum from June 5, 2018 to the date of full payment, which is the following day of the above basic date, as to the above principal and interest of loans of KRW 33,340,616, and principal amount of KRW 32,152,40.

B. On this ground, the Defendant asserted to the effect that it cannot respond to the Plaintiff’s claim since the Defendant filed an application for immunity from bankruptcy. Thus, the fact that the Defendant filed a petition for bankruptcy and immunity with the Incheon District Court No. 2018Hadan10045 and 2018 Ma10455 was significant in this court. However, at the time of the closing of argument in the instant case, the bankruptcy and immunity against the Defendant was not yet granted, and the mere fact that the debtor filed a petition for immunity from bankruptcy and application for immunity does not affect the instant litigation proceedings.

Therefore, the defendant's argument cannot be accepted.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.