beta
Text
1. The Defendant’s annual interest in KRW 40,80,112 and KRW 38,905,515 among the Plaintiff, from August 4, 2016 to September 29, 2016.
Reasons
1. Basic facts
A. On March 8, 2011, the Plaintiff entered into a separate loan transaction agreement with the Defendant with the interest rate fixed by the Plaintiff on March 8, 201, (1) the loan amount of KRW 30,000,000, the expiration date of the loan, (2) the loan amount of KRW 10,000,000, and the expiration date of the loan at the interest rate set by the Plaintiff as the overdue interest rate set by the Plaintiff on March 8, 2012 and carried out the loan accordingly.
(hereinafter referred to as “instant loan”) b. as the order of each of the above loans.
At the time of the above loan transaction agreement, the defendant agreed to pay damages for delay on the credit balance when the obligation is not paid on the expiration date of the loan or when the benefit of time is lost under the basic terms and conditions of bank credit transaction.
C. After that, the Defendant did not pay the agreed interest on each of the loans of this case, thereby losing the benefit of time. As of August 3, 2016, the principal and interest on the instant one loan of this case were 30,39,304 won (=29,000,000 won in interest and interest and interest and KRW 1,39,304 in interest and interest and KRW 29,39,304 in total). The principal and interest on the instant two loans of this case remains 10,40,808 won in total (= KRW 9,905,515,000 in interest and interest, KRW 49,39,304 in interest and interest and interest).
The rate of damages for delay determined by the Plaintiff is 11% per annum from January 1, 2013.
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]
2. Determination:
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 38,905,515 won (=29,000,900,900,905,515 won (=29,000,905,515 won) with interest on the principal of the loan 1, 2, 400,000, 112 won (=30,399,304 won 10,400,808 won) and damages for delay calculated at the rate of 11% per annum from August 4, 2016 to September 29, 2016, which is the delivery date of the complaint of this case, from the next day to the day of full payment.
B. As to the defendant's assertion, the defendant started the individual rehabilitation procedure.