대여금
1. The Defendant shall pay to the Plaintiff the amount of KRW 28,474,184 and KRW 27,110,423 among them, from August 22, 2015 to the date of full payment.
1. In full view of the determination as to the cause of the claim, Gap evidence Nos. 1 through 3 and the purport of the entire pleadings, the plaintiff entered into a contract with the defendant on April 24, 2015 under which the sum of interest of KRW 27.4% per annum (29% per annum) and interest for 48 months plus interest of KRW 828,070 per annum (hereinafter "the loan contract in this case"). The loan contract in this case is accompanied by the standard credit terms and conditions of the credit financial company. According to Article 8 (4) 2 of the above terms and conditions, if the defendant causes damages to the plaintiff by transferring the principal goods as collateral, the plaintiff may urge the payment, etc. within a fixed period of not less than 10 days after arrival of the plaintiff, and after the expiration of the prescribed period, the unpaid interest under the loan contract in this case shall be deemed to have been lost for 19.4% per annum, and the defendant notified the plaintiff of the remaining interest of the loan in this case to secure the plaintiff's loan 2015.7.15
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29% per annum from August 22, 2015, which is the day following the day on which the Plaintiff loses the fixed interest, to the day of full payment, with respect to the total amount of the loan interest of KRW 28,474,184 (=27,110,423 Won 1,304,017 Won 59,74) and the principal amount of KRW 27,110,423.
2. Judgment on the defense
A. The defendant defense of the capacity to perform his duties is the defendant's mental retardation, and thus the loan contract of this case is invalid since it was a person without mental capacity. However, there is no evidence to acknowledge it.
Therefore, we cannot accept this part of the defendant's defense.
(b).