대여금
1. The defendant shall pay to the plaintiff KRW 78,351,006 and KRW 75,000 among them to the day of full payment.
1. On September 19, 2017, the Plaintiff loaned interest to the Defendant 9.5% per annum, 25% per annum, and 75,000,000 won per annum by determining the repayment period and method as equal repayment of principal and interest for 48 months. The Plaintiff determined that the payment of the principal and interest in installments under the above loan agreement would lose the benefit of time if it is delayed on more than two consecutive occasions.
From October 20, 2017, the Defendant delayed repayment of principal and interest, and on February 23, 2018, the remainder of principal and interest as of February 23, 2018 is the principal and interest KRW 75,00,000 and interest KRW 2,938,523 and delay damages KRW 412,483.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the facts found, since the Defendant lost the benefit of time by delaying the payment of the principal and interest repaid in installments at least twice, the Defendant is obligated to pay the Plaintiff the interest of KRW 78,351,006 (=interest of KRW 75,000,000, KRW 2,938,523, KRW 412,483), and the interest of KRW 75,000,00 of the principal and interest of KRW 75,00 from February 24, 2018 to the date of full payment.
B. As to this, the Defendant asserted that the instant loan contract is a secured loan agreement that provides the Plaintiff with a dump 27 tons of a vehicle as a security, and that the proceeds from the sale of the secured goods should be deducted from the loan. However, there is no assertion or proof as to the fact that the above security was disposed of and the proceeds from the sale belong to the Plaintiff, and the Defendant’s assertion
3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.