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1. The defendant shall pay to the plaintiff KRW 74,480,226 as well as KRW 69,20,871 among them, from January 13, 2016 to the day of full payment.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 4.
On February 14, 2013, the Plaintiff loaned KRW 96,900,00 to the Defendant by setting the lending period to 60 months and the lending interest rate to 8.90%.
(hereinafter “instant loan agreement”). (b)
According to the loan contract of this case, if the defendant fails to fulfill his obligation to repay the principal and interest of loan, the defendant shall lose the benefit of time and repay the remaining principal and interest of the loan to the plaintiff at one time, calculated at the rate of 24%
C. The Defendant did not pay the principal and interest of KRW 73,209,522 and lost profits on January 12, 2016. The sum of the remaining principal and interest of loans and damages for delay as at January 12, 2016 is KRW 74,480,226 (the principal of the remaining loan plus KRW 69,20,871 + unpaid interest 4,008,651 + liquidated damages for delay 1,270,704).
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 24% per annum from January 13, 2016 to the date of full payment with respect to the remaining principal and interest of loans of KRW 74,480,226 as of January 12, 2016 and the remaining principal of loans of KRW 69,20,871 as of the day following the day of loss of the benefit due.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.