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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. In full view of the purport of Gap evidence Nos. 1 and Eul evidence Nos. 3 as to the cause of the claim and the whole arguments, the plaintiff agreed on Oct. 31, 2010 to grant a loan of KRW 10 million to the defendant with interest rate of KRW 24% per annum and due date of payment on Nov. 30, 2010. On the same day, it can be acknowledged that the plaintiff paid KRW 9.8 million to the defendant by remitting the remaining amount of KRW 9.8 million after deducting the amount of KRW 1-month interest and KRW 2 million from the defendant’s type C’s account.
(2) In light of the above facts, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 10 million won (the interest rate of the above interest is 24% per annum, which was in force at the time of the above loan (amended by Act No. 10925, Jul. 25, 201) and Article 2(3) of the former Interest Limitation Act (amended by Presidential Decree No. 25375, Jun. 11, 2014) on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25375, Jun. 11, 2014). Thus, the above prior interest deduction is valid as the payment of the agreed interest, and the Defendant is obligated to pay 10 million won per annum from the due date to December 24, 2010).
2. The defendant's defense of the defendant's defense of the repayment of the loan of this case is defense that the defendant fully repaid the loan of this case.
In full view of the statement and the purport of the whole argument in Eul evidence No. 3, it is not sufficient to acknowledge the fact that the defendant remitted to D 10 million won through the defendant's account on the date of receiving the loan of this case, but it is not sufficient to acknowledge the fact that the defendant paid the money to the plaintiff with the repayment of the loan of this case only by the witness E, and there is no other evidence to acknowledge it.
In addition, the defendant is first.