대여금
1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 11,489,441 among the Plaintiff and KRW 4,654,282 among the Plaintiff, as to April 20, 2016.
1. Facts of recognition;
A. On July 14, 201, 201, the more Bable Savings Bank Co., Ltd. (hereinafter “Bable Savings Bank”) leased KRW 6,000,000 to the Defendant at an annual interest rate of 36%, annual overdue interest rate of 39%, annual interest rate of 36%, and loan period of 36 months.
(hereinafter “instant loan”). (b) The instant loan
The Defendant lost the benefit of time by failing to perform the obligation to pay in installments the principal and interest of the instant lending.
C. On July 1, 2013, the Kable Savings Bank was declared bankrupt as Seoul Central District Court 2013Hahap89, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
Meanwhile, as of April 19, 2016, the balance of the principal and interest of the instant loan is KRW 11,489,441 in total (= Principal KRW 4,654,282 and damages for delay).
[Grounds for recognition] The entry of Gap evidence Nos. 1 through 10 and the purport of the whole pleadings
2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the principal of the instant loan amounting to KRW 11,489,441 and the principal amount of KRW 4,654,282 at the rate of 39% per annum, which is the overdue interest rate from April 20, 2016 to the date of full payment.
3. In conclusion, the plaintiff's claim of this case should be accepted as it is reasonable, and the judgment of the court of first instance is unfair with different conclusions, so it is revoked and the defendant is ordered to pay the above amount to the defendant. It is so decided as per Disposition.