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1. The defendant shall pay to the plaintiff KRW 60,44,618 as well as KRW 57,700,000 among them, from December 28, 2016 to the day of full payment.
Reasons
Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 6, the plaintiff granted a loan to the defendant on August 19, 2013 by setting the interest rate of KRW 70,000,000 per annum, the maximum interest rate of delay per annum, and the due date of repayment on February 19, 2017. However, as of December 27, 2016, the defendant was disqualified from making a timely payment of interest. As of December 27, 2016, the principal amount of KRW 57,700,000 per annum, the agreed interest rate of KRW 1,270,660 per annum, overdue interest rate of KRW 1,473,958 exists, and the overdue interest rate of KRW 15 per annum can be acknowledged.
According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 60,44,618 (i.e., the principal amount of KRW 57,70,60,000, interest rate of KRW 1,270,660, interest rate of KRW 1,473,958) and damages for delay at the rate of KRW 57,70,000, interest rate of KRW 15% per annum from December 28, 2016 to the date of full payment.
[Personal Rehabilitation Case (the Changwon District Court 2016 Session 31259 case) filed by the Defendant was terminated on May 18, 2017. Thus, the Plaintiff’s claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.