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1. The Plaintiff:
A. As to KRW 579,437,788 and KRW 335,010,00 among them, Defendant A shall be from March 25, 2016 to July 25, 2016.
Reasons
1. Facts of recognition;
A. On January 16, 2008, the Defendants, as the parties, entered into a contract for the sale of Goyang-gu D Apartment-gu 303 Dong 305 (hereinafter “instant apartment”) with the said company, and entered into a contract with the new Dong-dong Construction Co., Ltd. (hereinafter “new Dong-dong Construction”). On January 16, 2008, the Plaintiff entered into a contract for the sale of Goyang-gu D Apartment-gu 303 Dong 305 (hereinafter “instant apartment”). On January 2008, the Plaintiff entered into a business agreement on the lending of part payments and the payment of loans for the sale of the instant apartment (hereinafter “instant business agreement”). The Plaintiff is a financial institution that loaned part payments to the Defendants as follows.
B. On June 15, 2009, Defendant A loaned KRW 335,010,000 to the part payments of the instant apartment to the part payments. Defendant A, on June 15, 2009, pursuant to the interest rate and overdue interest rate determined by the Plaintiff.
(hereinafter “instant loan”). At the time of the instant loan, Defendant C guaranteed the principal and interest of the loan within the scope of KRW 402,012,00.
C. (1) Defendant A lost the benefit of time due to delayed payment of interest from June 1, 201; (2) as of March 24, 2016, the balance of the principal of the loan is KRW 335,010,000; and the interest in arrears is KRW 244,427,788.
Meanwhile, the overdue interest rate determined by the Plaintiff is 14.28% per annum.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the determination on the cause of the claim 1, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 14.28% per annum as determined by the Plaintiff from March 25, 2016 to July 25, 2016, the delivery date of the original copy of the instant payment order, and 15% per annum as determined by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.