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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 8,150,424 as well as full payment with respect thereto from May 26, 2012.
Reasons
1. Facts of recognition;
A. The Plaintiff is a lending business entity that has completed registration of credit business pursuant to the Act on Registration of Credit Business and Protection of Finance Users, and the Defendant is a person who has concluded a loan contract with the Plaintiff as follows:
B. On May 19, 201, the Plaintiff concluded a contract with the Defendant under which the Plaintiff borrowed KRW 8,500,000 to the Defendant for six months of the lending period, interest rate of KRW 44% per annum, and interest rate of overdue interest rate of KRW 44% per annum, and the Defendant would be repaid with the principal and interest rate of KRW 1,603,00 per annum from June 20 to June 20, 201 (hereinafter “instant loan agreement”) (hereinafter “instant loan”).
C. On May 20, 201, the Plaintiff confirmed the content of the instant loan agreement through telephone conversations with the Defendant and deposited KRW 8,500,000 as the Defendant’s fee in a divorce case with the Defendant’s consent on May 20, 201.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleading
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff entered into the instant loan agreement with the Defendant and deposited KRW 8,500,00 to the pertinent law firm with the consent of the Defendant. As such, the Defendant is obligated to accept the Plaintiff’s claim with the Defendant’s payment of KRW 4,148,650, which the Plaintiff received from the pertinent law firm on May 25, 2012, and to pay KRW 3,79,576 to the Plaintiff the unpaid interest and interest in arrears and interest in arrears, and KRW 8,150,424 (= KRW 8,50,00 - KRW 349,576) and to pay damages for delay from May 26, 2012.
In order to receive a loan of KRW 8,500,000 from the fees to the law firm after reporting and consulting the advertisement of the defendant, the loan contract of this case was concluded on the third day from the date of the delegation agreement of the lawsuit.