대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of
except that the following judgments shall be added:
2. Additional matters to be determined;
A. The Defendant’s assertion ① Since the Plaintiff did not deliver or explain the terms and conditions of this case to the Defendant at the time of the instant loan agreement, Article 3(5) of the terms and conditions of this case, which provides that the Plaintiff shall arbitrarily set the compensation rate for delay, does not apply to the instant
Therefore, rather than the annual interest rate of 25% as stated in the loan agreement of this case, damages for delay shall be deemed to have been set at the rate of 13% per annum based on the agreed interest rate of 13% per annum.
If the rate of damages for delay is considered to be 13% per annum, there is no remaining debt to be repaid by the defendant.
② Since the rate of damages for delay at 25% per annum determined by the Plaintiff is set as a kind of amount of damages, the court may reduce the rate in cases where the damages are unduly excessive under Article 398 of the Civil Act.
The plaintiff's claim for damages for delay calculated at 25% per annum in light of social discussions that the Financial Supervisory Service has provided administrative guidance to lower overdue interest rates and that overdue overdue interest rates are excessive, so a considerable part of the claim should be reduced.
B. (1) If a business entity enters into a contract with a customer using a standardized contract, it provides the customer with an opportunity to know the contents of the standardized contract by specifying the terms of the standardized contract in a generally anticipated manner according to the type of the contract [the Act on the Regulation of Terms and Conditions (hereinafter referred to as the “Standard
(2) Article 3(2) of the Terms and Conditions shall provide an explanation to the customer so that the customer can understand the important contents of the terms and conditions.
(Article 3(3) of the Terms and Conditions Regulation Act. Here, the important contents of the duty to explain are whether or not customers enter into a contract in light of social norms.