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1. As to KRW 22,322,594 and KRW 20,162,654 of the above money to the Plaintiff, the Defendant shall pay to the Plaintiff KRW 20,162,654 from December 26, 2014 to January 27, 2015.
Reasons
1. Determination as to the cause of the Plaintiff’s claim
A. In full view of the purport of the entire pleadings, the Plaintiff entered into a loan transaction agreement with the Defendant on October 26, 2006 on the loan limit of 10 million won, the loan maturity of 10.5% per annum until October 26, 2008, the maximum interest rate of 15% per annum, and the maximum interest rate of 15% per annum on May 16, 2007. The loan maturity of the above loan transaction agreement was increased by 20 million won until October 26, 2015, the interest rate of 8.56% per annum, and damages rate of 17.9% per annum, and the Defendant’s interest rate began from May 25, 2014 to 205, respectively.
B. According to the above facts, the Defendant did not pay the interest on the above loan and lost the interest under the above agreement. Thus, the Defendant is obligated to pay to the Plaintiff 22,322,594 won in total of the loan principal and interest interest (=20,162,654 won 2,159,940 won) and the loan principal of KRW 20,162,654 in total from December 26, 2014 to January 27, 2015, it is evident that the service date of the original copy of the decision on the payment order in this case is the delivery date of the original copy of the decision on the payment order in this case; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the day of full payment until September 25, 2015 to the day of full payment; thus, the Defendant is obligated to pay damages for delay under the main sentence of Article 10 (1)3).
2. Determination on the Defendant’s assertion
A. Accordingly, the defendant is the actual debtor B of the loan transaction agreement of this case, and the defendant was in title trust with the real estate owned B, and only lent the name of the loan transaction of this case at the request of B, and such fact was well known.