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. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance except for the addition of the judgment on the defendant’s argument at the trial by the court below as stated in paragraph (2). Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. Determination on the Defendant’s assertion that there is no agreement on the interest rate and interest rate in arrears 1) is difficult to view the loan agreement as a normal loan agreement because all the matters, unlike other buyers at the time of the loan agreement in this case, including the date of loan commencement, maturity period of loan, repayment method, and time of interest payment, etc. Therefore, a claim for the portion exceeding 5% per annum, which is the legal interest rate under the Commercial Act, among the interest and delay damages claimed by the Plaintiff as to the loan agreement in this case, is unreasonable. 2) In light of the following circumstances, the Defendant agreed explicitly or implicitly to follow the loan interest rate determined by the Plaintiff and the Plaintiff, or delegated the authority on the part of the loan agreement in this case at least drts with the interest rate and interest rate under the loan agreement in this case on the basis of the delegated authority, and therefore, the Defendant’s assertion that the loan agreement in this case was not implicitly agreed upon.
① At the time of the instant loan agreement, the Plaintiff provided prior guidance on the terms and conditions of the loan, including loan interest rates, the lending limit, the starting date of the loan, and the expiration date of the lending period.
② The Defendant, at the time of the instant loan agreement, fails to pay the Plaintiff the interest on loans, shall overdue interest on loans under the instant loan agreement.