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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. The reasoning for the court’s explanation of this case is as stated in the part of the first instance judgment, except for the addition of the judgment on the defendant’s argument in the trial as set forth in paragraph (2) below. As such, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. According to the loan agreement of this case concerning the assertion that there is no agreement on interest rate and interest rate in arrears, unlike other buyers, it is difficult to view the loan agreement of this case as a normal loan agreement in the case of the defendant. Therefore, the claim for the part of the loan agreement of this case exceeding 6% per annum, which is the legal interest rate of the Commercial Act, among interest and delay damages claimed by the plaintiff, calculated as the interest rate of delay damage, and the claim for the portion of the loan agreement of this case exceeding 6% per annum under the Commercial Act, is unreasonable. 2) In light of the following circumstances, the overall purport of each statement and argument as to the loan agreement of this case, the defendant agreed to or explicitly agreed to be in accordance with the loan interest rate of this case and at least rarely or explicitly, or agreed to be in accordance with the loan interest rate of this case and the interest rate of the loan of this case pursuant to the loan agreement of this case, the plaintiff and the plaintiff, based on the delegated authority, shall not be accepted.
① At the time of the instant loan agreement, the Plaintiff provided the purchasers including the Defendant with prior guidance on the loan terms, such as loan interest rate, loan limit, starting date of loan, and expiration date of loan period.
② The Defendant, at the time of the instant loan agreement, is unable to pay interest on loans to the Plaintiff by the implementing company and the construction company, pursuant to the instant loan agreement.