beta
Text
The defendant's KRW 150,469,045 and KRW 58,983,574 among the plaintiff's KRW 150,469,04 and its total amount shall be from February 4, 2020 to August 18, 2020 annually.
Reasons
1. Basic facts
A. On March 23, 2015, the Plaintiff extended a loan of KRW 840,00,000 (hereinafter “instant loan”) to the Defendant on March 23, 2015, on the date of expiration of the loan, at the rate of interest fluctuation (2.58% of the base interest rate E-DR additional interest rate, and three months of the base interest rate), at the highest rate of 18% per annum, and at the highest rate of damages for delay, and received a mortgage and superficies on the real estate owned by the Defendant and D on March 17, 2015.
B. On November 27, 2019, a distribution schedule was prepared to distribute KRW 781,016,426 to the Plaintiff in the course of a voluntary auction for the said real estate, which was commenced upon the Plaintiff’s application, as a mortgagee.
C. As of February 3, 2020, the Defendant’s remainder obligations under the instant loan contract against the Plaintiff is KRW 150,469,045, totaling the principal amount of KRW 58,983,574, KRW 90,52,707, overdue interest of KRW 932,764, and overdue interest of KRW 150,469,045, and the agreed overdue interest rate of KRW 8.5% per annum.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings
2. Determination
A. According to the facts found in the judgment on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 8.5% per annum from February 4, 2020 to the date of full payment, which is the day following the end of the period for calculating damages for delay, with respect to KRW 150,469,045, and the principal amount of KRW 58,983,574.
B. As to the defendant's assertion, the defendant alleged that the defendant is charged with attempted interest and overdue interest out of the debt of this case, but there is no evidence to prove the above assertion. Thus, the defendant's assertion is without merit.
Rather, comprehensively taking account of the aforementioned evidence and the overall purport of the pleadings, KRW 90,52,707,000,000,000 as of November 27, 2019, the interest or delay damages accrued up to the point of time on the principal amount of the instant loan, as of November 27, 2019, is calculated.