대여금
1. The Defendant’s KRW 74,418,301 and KRW 72,721,136 among the Plaintiff’s KRW 11.5% per annum from August 14, 2019 to the date of full payment.
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 and 5, the plaintiff extended a loan with the interest rate of KRW 98 million per annum 8.4% per annum, overdue interest rate of KRW 24% per annum, and repayment period of 48 months (hereinafter "the loan of this case") on March 6, 2018. Article 8 (2) of the Terms and Conditions of Credit Transactions provides that when the debtor delays the payment of the principal and interest on installment repayment or installment repayment on at least two consecutive occasions, he/she naturally loses the benefit of time. The defendant delayed payment of the principal and interest on the loan of this case on at least two occasions, and the defendant delayed payment of the principal and interest on August 13, 2019, the principal and interest on the loan of this case as of KRW 74,418,301 (= Principal72,721,136 won, interest 1,697,154).
According to the above facts, the Defendant is obligated to pay to the Plaintiff the interest in arrears or delay damages calculated at the rate of 11.4% per annum, which is within the overdue interest rate range from August 14, 2019 to the date of full payment, calculated with respect to the principal and interest of the instant loan amount of KRW 74,418,301 and the principal amount of KRW 72,721,136.
(1) The court below held that the plaintiff's claim of this case in this case is reasonable, since the defendant purchased the vehicle at the request of the branch and received the loan of this case from the plaintiff, and the defendant sold the vehicle at public auction after collecting the vehicle and appropriated the loan of this case to repay the remainder of the loan of this case. However, the plaintiff's claim of this case in this case cannot be viewed as improper.