대여금등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, the fact that on January 2, 2014, the Plaintiff loaned KRW 80,000,000 to the defendant at the interest rate of 3.1% per annum and 8.5% per annum for delay damages (hereinafter “instant loan”); and as of April 6, 2016, the remaining principal and interest of the instant loan as of April 6, 2016, including the principal amount of KRW 8,00,000,000, are recognized.
The Plaintiff appears to have recovered the guarantee limit (90%) from the Korea Housing Finance Corporation that issued the credit guarantee certificate at the time of the instant loan.
The Defendant was the “low-income household loan” under the installment repayment condition for 15 years.
However, there is no evidence that the agreement between the Plaintiff and the Defendant on the installment repayment of the loans of this case was concluded. Thus, the above argument is without merit.
Therefore, with respect to the Plaintiff’s remaining principal and interest amounting to KRW 9,249,858 and its principal amounting to KRW 8,00,000,00, the Defendant is obligated to pay damages for delay calculated at the rate of 8.5% per annum as stipulated in the instant loan agreement from April 7, 2014 to May 9, 2016, which is clear from the record that the delivery date of a copy of the complaint of this case is the date of delivery of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings
If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.