A. In fact, the Defendant applied for a loan to the Plaintiff when purchasing BMW X6 E vehicles (hereinafter “instant vehicle”). Upon the Defendant’s application, the Plaintiff recognized the loan amounting to KRW 50,00,000 on January 18, 2018, the method of repayment between the Defendant and the Defendant, 60 months equal to the principal and interest, interest rate of KRW 15.9% per annum, interest rate of KRW 15.9% per annum, and damages rate of KRW 24.9% per annum, but the Plaintiff claimed 24% per annum as damages rate per annum.

The loan transaction agreement of this case (hereinafter “the loan transaction agreement of this case”) was concluded.

According to the loan transaction agreement of this case, when the payment of the principal and interest on installment repayment is delayed on two consecutive occasions, the defendant would lose the benefit of time and repay the entire amount of the loan. The defendant paid the principal and interest on installment repayment under the loan transaction agreement of this case by August 15, 2018, but later, the defendant lost the benefit of time on two consecutive occasions or more.

As of November 7, 2018, after loss of the benefit of time, the balance of the principal and interest of the loan under the loan transaction agreement in this case as of November 7, 2018 is 47,691,534 won in total (=45,965,802 won in principal and interest and delay damages).

[Reasons for Recognition] The descriptions of Gap evidence 1 through 6, 8 through 10, 12 through 15, and the purport of the whole pleadings

B. According to the facts found above, the Defendant is obligated to pay to the Plaintiff 47,691,534 won in total of the balance of the principal and interest of the loan under the loan transaction agreement in this case and delay damages calculated at the rate of 24% per annum from November 8, 2018 to the date of full payment, which is the following day of the above basic date, to the Plaintiff.

2. Determination on the Defendant’s assertion

A. On the summary of the Defendant’s assertion, the Defendant did not conclude a loan transaction agreement with the Plaintiff.