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. In full view of the facts that there is no dispute between the parties to a lawsuit as to the cause of the claim, the Plaintiff and the Defendant concluded a loan agreement with a loan interest rate of KRW 500 million on July 20, 201 and the loan period of KRW 21% on July 25, 2013 (hereinafter “instant loan”). The Defendant established a collateral security loan agreement with a floating interest rate of KRW 21% on July 25, 201. The Defendant borrowed KRW 460 million in total from the Plaintiff (hereinafter “instant real estate”), KRW 249.18m2 in Ulsan-gu, Ulsan-gu, Ulsan-gu, 249.18m2 (hereinafter “the instant loan”). The Defendant obtained a loan from the Plaintiff on July 25, 2011, KRW 160 million on the basis of the loan amount of KRW 300 million on July 25, 2011, KRW 200,000) and paid interest on the loan of KRW 3016.18.20.20
According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 20% per annum to the plaintiff within the agreed delay rate of 184,803,541 won and the principal of the loan 72,978,061 won and 72,978,061 won from November 23, 2013 to the date of full payment due.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the instant loan was related to the construction contract concluded between D Co., Ltd. and EN Construction Co., Ltd. invested by D Co., Ltd. and D Co., Ltd., and the dispute occurred due to the failure of D Co., Ltd. to perform the said construction. However, the Plaintiff did not take a way to minimize the Defendant’s
In addition, the defendant did not apply for the loan of this case.