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1. The defendant
(a) KRW 33,979,750 and interest rate of KRW 25% per annum from February 16, 2019 to the date of complete payment.
Reasons
(2) On January 23, 2017, the Plaintiff granted KRW 45,00,000, which deducted KRW 5,000 from the interest rate of KRW 50,000,000, to the Defendant at KRW 20% per annum on June 22, 2017, and delayed payment rate of KRW 25% per annum.
hereinafter referred to as "second loan".
3) The Defendant paid KRW 3,00,000 to the Plaintiff regarding the second loan. [Grounds for recognition] There is no dispute between the parties to the confession (the fact of the first loan) pursuant to Article 150 of the Civil Procedure Act (the fact of the second loan)
2. Claim for the principal and interest remaining after the primary loan;
A. The dividend amounting to KRW 95,170,934 received by the Plaintiff for the calculation of the appropriation of the dividends was paid to the principal and interest of the first loan as follows.
As a result of each calculation, there are 3,979,750 won as of February 15, 2019 (=100,000,000 - 66,020,250 won).
** Amounting to 6,00,000 won appropriated for interest from March 15, 2017 to March 14, 2018 (=10,000,000 x 3 months x 2%)* KRW 23,150,684 won appropriated for delay damages from March 15, 2018 to February 15, 2019 (=10,000,000 x 3338 days/365 x 25%) * Amount appropriated for principal (66,020,250 won) - 66,020,250 won (=6,170,934 - 6,000,000 - 23,150,684 won)
B. The Plaintiff rejected the Plaintiff’s assertion that the sum of interest and delay damages incurred until the date of appropriation of performance was KRW 36,438,356, and accordingly, the dividend was first appropriated to the sum of interest and delay damages, and the remainder would be KRW 41,267,422 if the principal is appropriated to the principal, but the remainder would be the principal.
It is rejected as against the result of the calculation of the claim.
There is no assertion that there was an agreement, for example, “the Defendant would automatically lose the benefit of time once a monthly interest payment is made, and thus the maturity of principal comes due, and at that time, the rate of delay damages shall apply, instead of the interest rate.”
Gap evidence No. 2 shall be written.