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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. On November 28, 2014, the Plaintiff leased KRW 100 million to the Defendant at the maturity of November 28, 2015 and at the rate of 19.2% per annum (1.6 million per month). The Defendant pays only interest on the said loan until April 28, 2017, and delays the repayment of the principal and interest.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the interest and delay damages calculated by the rate of 19.2% per annum from April 29, 2017 to the date of full payment.
2. As to the Defendant’s assertion, the Defendant asserts that the monthly agreed interest was paid by March 29, 2017, and the Plaintiff did not object thereto, and that the repayment period of the loan was extended implicitly.
However, it is difficult to recognize that the Plaintiff had an implied agreement to extend the repayment period of the above loan solely on the ground that the Plaintiff did not urge the repayment of principal after receiving monthly interest from the Defendant.
Even if such an agreement was reached, the Plaintiff and the Defendant agreed to the effect that “if the Defendant delays the payment of interest for at least one month, he/she would naturally lose the benefit of time without the Plaintiff’s notice and notice, and immediately repay the entire obligation.” Thus, it is reasonable to deem that the Defendant lost the benefit of time due to the delay in the payment of interest thereafter, and the maturity period for the full repayment of the loan obligation arrives.
Therefore, the defendant's argument is without merit.
3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.