A. On February 25, 2015, the Plaintiff loaned 35,000,000 won to the Defendant at a rate of 16.20% per annum, 28.20% per annum, 28.20% per annum, and 36 months from the date of concluding a loan contract.

(hereinafter referred to as the “instant loan agreement”) B.

On March 10, 2015, the Defendant did not perform the obligation to repay the principal and interest under the instant loan contract and caused a cause to lose the benefit of time stipulated in the credit transaction basic terms and conditions.

C. As of March 10, 2016, the Defendant’s obligation to return the principal and interest to the Plaintiff under the instant loan agreement is KRW 27,784,050, interest KRW 72,838, interest KRW 33,171, totaling KRW 28,540,059, as of March 10, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, 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 damages for delay calculated at the rate of 28.20%, which is the agreed interest rate from March 11, 2016 to the date of full payment, as to the total amount of interest 28,540,059 won under the loan agreement of this case and the principal amount of interest 27,784,050 won from March 11, 2016 to the date of full payment, barring special circumstances.

B. 1) The Defendant’s defense A) B provided that the Defendant would purchase 4.5 tons of truck, and received the loan under the Defendant’s name, and paid the purchase price of the truck with the loan, and the said loan would be repaid by B.

However, B did not have the intention or ability to repay the above loans.

Nevertheless, B made such a false statement to the Defendant, and the Defendant, as such, concluded the instant loan agreement with the Plaintiff in order to prepare the sales price of the said truck.

B. In addition, at the time of entering into the instant loan agreement, the Plaintiff’s employee C was aware of the fact of deceiving the Defendant as above, and thus, the Plaintiff, the other party to the instant loan agreement, is also a deceptive act by the third party.