A. Fact-finding 1) On October 11, 2018, the Plaintiff agreed to lend KRW 40,000,000 to the Defendant and remitted the amount to the account under the Defendant’s name as follows. ① Lending amount: KRW 40,000,000: ② Lending period ② Interest rate of 60 months: 3% per annum: Interest rate of 15.9% per annum (the agreed interest rate of 3%) (the agreed interest rate per annum 15% per annum). 4% per annum: The Defendant consented to the Plaintiff’s credit transaction basic terms and conditions at the time of the said lending contract (payment 2 per annum), and the said terms and conditions provide that “if the installment repayment or installment repayment principal and interest are delayed on more than two occasions” shall lose the benefit of time.

(3) The Defendant did not pay the principal and interest in installments two times from June 15, 2019 to July 15, 2019. On July 19, 2019, the amount of principal unpaid as of July 19, 2019 is KRW 36,776,134 for the agreed party, and the unpaid amount is KRW 1,032,015 for the agreed party, and the agreed damages for delay are KRW 17,064 for the agreed party. [In the absence of any dispute over the grounds for recognition, 1-6 evidence, and the purport of the entire pleadings.]

B. According to the facts of recognition, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 18.9% per annum from July 20, 2019 to the date of full payment (15.9% per annum (15.9%) as the Defendant did not conclude a lending contract with the Plaintiff, but the Defendant asserts that there was no fact that the lending contract was concluded with the Defendant’s authorized certificate, the lending contract was deposited with the Defendant’s account, and the Defendant’s telephone number (17,064 won) was confirmed as at the time of the lending contract with the Defendant’s own telephone number at the time of the lending contract.