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 cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the Plaintiff, which is particularly emphasized by the appellate court, as follows. Thus, this is acceptable in accordance with the main sentence of
2. Additional determination
A. Since the overdue interest rate of the Plaintiff’s claim against the Defendant is less than 15%, the part of the Plaintiff’s claim for delay damages in the instant claim should be partly dismissed.
B. Determination 1) According to Gap evidence Nos. 1 (including a provisional number), 2, and 8, the interest rate on overdue loans at the time of the loan agreement in this case shall be added to the interest rate on loans by borrower for a period of arrears (not more than one month: 6%, not more than three months: 7%, and not more than three months: 8%). However, if the loan agreement in this case is included in a special bond or the deposit account is terminated voluntarily, the agreement shall be made to apply 15% per annum per annum for the highest overdue loan. ② On June 9, 2017, the plaintiff notified the defendant of the scheduled termination of the loan agreement in this case on June 14, 2017, and on December 27, 2017, it can be recognized that the loan agreement in this case was incorporated into a special bond.) According to the above facts, the defendant's assertion that the loan agreement in this case is applied to the above 15% per annum from June 15, 2017.
3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.