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1. The defendant shall pay to the plaintiff KRW 75,291,858 as well as KRW 15,923,190 among them, from November 1, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On March 29, 2010, Down Mutual Savings Bank borrowed KRW 250,00,000 to B on March 29, 201, at the interest rate of 10.5% per annum, and on March 29, 2011. However, under the loan agreement, the interest rate for delay under the above loan agreement shall be applied by adding the interest rate for delay by the agreed interest rate for the overdue period to the agreed interest rate, but if the overdue interest rate for each overdue period is more than three months, the interest rate for delay shall be 1.0% per annum, 11.0% per annum, and 12.0% per annum from the six months to the six months, respectively. In addition, the interest rate for delay shall not be separately applied according to the overdue period, but shall be applied to the total overdue period calculated from the date calculated from the date of delinquency, even in cases where the interest on overdue loan remains in partial liquidation, and the Defendant as a joint surety of B B’s loan-friendly loan.
B. After December 21, 2010, the Plaintiff acquired the above loans from the said Dforest Mutual Savings Bank, and then notified the transfer to B at that time.
C. Meanwhile, B lost a benefit due to delinquency in the payment of the above principal and interest of loan. After the Plaintiff recovered part of the amount of loan on October 31, 2014 through the exercise of security right, the remaining amount of loan obligations as of October 31, 2014 is KRW 75,291,858 (the amount of loan obligations as of December 20, 2014 shall be calculated at the annual interest rate of KRW 24,230,293 Won from December 20, 2010 to October 31, 2014, as of December 20, 2010 (the interest on loan or delay damages up to December 24, 2010, KRW 24,230,293 Won from December 21, 2010 to October 31, 2014).
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant’s judgment as to KRW 75,291,858 as seen earlier and KRW 15,923,190 as to the Plaintiff.