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. In full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 8, the fact that the plaintiff lent KRW 30,000,00 to the defendant on February 5, 2015 by means of annual interest rate of 34.894% and by means of equal repayment of principal and interest on repayment method (hereinafter “instant lending contract”) and the defendant confirmed that the plaintiff was the principal of the contract upon confirmation of the plaintiff's identity by telephone at the time of entering into the instant lending contract. The defendant lost the benefit of time due to delayed payment of the debt under the instant lending contract from March 14, 2017; the obligation under the instant lending contract as of May 19, 2017 remains the principal amount of KRW 25,390,53, interest rate of KRW 1,626,315, and KRW 27,016,868.
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 34.894% per annum from May 20, 2017 to the date of full payment, which is the day following the date of calculating the above final principal and interest under the instant loan agreement, to the Plaintiff.
B. As to this, the Defendant asserted that there exists a verbal promise to claim the performance of obligations against B, a substantial debtor, with respect to the instant lending agreement, but there is no evidence to acknowledge it.
In addition, the defendant argues that the plaintiff's claim is groundless because he did not prepare documents concerning the loan contract of this case in his own pen, but as long as the defendant confirmed that the party who intends to conclude the loan of this case is the defendant himself, the validity of the contract of this case cannot be denied. Therefore, the defendant'
3. As such, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.