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1. The defendant shall pay to the plaintiff KRW 217,521,647 and KRW 30,000 among them to the day of full payment.
Reasons
1. Basic facts
A. On December 28, 2012, the Defendant entered into a general loan transaction agreement with the Plaintiff on ① 30,000,000 won for loans, ② the repayment period on December 28, 2013, ③ the first annual interest rate on December 28, 2013 (1.81%) 11% per annum (1.81% per annum from the date of loan), ④ the interest rate on delay plus 14% per annum on the interest rate, ⑤ the payment date on the date of payment every one month from the date of loan commencement (hereinafter “the first loan agreement”). The Defendant was paid a loan with the account (C) in the Defendant’s name.
B. On January 15, 2013, the Defendant entered into a loan transaction agreement between the Plaintiff and the Plaintiff on ① 200,000,000, ② the repayment period on July 15, 2013, ③ the first annual interest rate on 8% (12 months from the date of loan) (0.195% from the date of loan), ④ the interest rate on delay plus 16.5% per annum on the interest rate, ⑤ the interest payment period and method on the date of payment every one month from the date of loan commencement (hereinafter “the second loan agreement”), and received a loan with the account (D) in the Defendant’s name.
On July 31, 2013, the Plaintiff and the Defendant agreed to extend the repayment period to January 15, 2014.
C. The instant primary loan was paid only by November 30, 2013. The instant secondary loan was paid KRW 49,500,000 among the principal until December 10, 2013, and the interest accrued up to that time. Since then, KRW 72,58,408 was recovered by the Plaintiff’s compulsory execution, etc. and was treated as principal.
[Grounds for recognition] Evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, barring any other special circumstances, the Defendant: (a) totaling KRW 217,521,647 of the outstanding principal and interest of the loan agreement under the instant loan agreement [187,521,647 of the principal and interest of KRW 187,521,647 of the instant loan agreement (==the remaining principal and interest of KRW 150,50,000 as of December 10, 2013 remaining principal and interest of KRW 150,50,000 as of December 13, 2013 to November 30, 2016, annually 24.