대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance except for the addition of the judgment on the defendant’s argument at the trial by the court below as stated in paragraph (2). Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. Determination 1 on the Defendant’s assertion that there was no agreement on the interest rate and interest rate in arrears 1) is difficult to view the loan agreement as a normal loan agreement because all the matters, unlike other buyers at the time of the loan agreement in this case, including the date of loan commencement, loan maturity, repayment method, and the time of interest payment, etc. Therefore, the Defendant’s claim for the portion exceeding 5% per annum, which is the legal interest rate under the Commercial Act, among the interest and delay damages claimed by the Plaintiff as to the loan agreement in this case, is unreasonable. 2) In light of the following circumstances, the Defendant agreed explicitly or explicitly to follow the loan interest rate determined by the Plaintiff, or at least drhz delegated the authority on the part related to the interest in this case, and drhz did not explicitly agree to the interest rate and interest rate under the loan agreement in this case based on the delegated authority, and thus, the Defendant’s assertion that the loan agreement in this case was not acceptable.
① At the time of the instant loan agreement, the Plaintiff provided prior guidance on the terms and conditions of the loan, including loan interest rates, the lending limit, the starting date of the loan, and the expiration date of the lending period.
② The Defendant, at the time of the instant loan agreement, is unable to pay the Plaintiff interest on the loan (including interest on delay) under the instant loan agreement if the enforcement company and the construction company did not pay the Plaintiff interest on the loan.