1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On December 17, 2012, the Plaintiff entered into a loan transaction agreement with the Defendant with a fixed rate of 80,000,000 won for lease on a house for the subject of loan, and with a fixed rate of 18% per annum as stipulated in the basic terms and conditions for loan interest rates, interest rate of 80,000,000 won for loan, and interest rate of 18% per annum as stipulated in the basic terms and conditions for loan transaction, and transferred KRW 79,53,000 for loan to the account in the name of B, upon delegation by the Defendant.

(hereinafter the above loan transaction agreement is "the instant loan agreement" and the loan under the instant loan agreement is "the instant loan". B

As of October 13, 2016, the Defendant lost the benefit of time due to delay in the repayment of the principal and interest of the instant loan, and as of October 13, 2016, the obligation of the instant loan reaches KRW 14,347,989 in total of KRW 5,106,865 in principal, overdue interest, 9,039,574 in total.

On the other hand, the rate of damages for delay after January 26, 2015 is 15% per annum until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the agreed damages for delay, from October 14, 2016 to the date of full payment, as to the total amount of KRW 14,347,989, and the principal amount of KRW 5,106,865, among them, to the Plaintiff, barring special circumstances.

3. The defendant's argument that the defendant's loan of this case was not liable to pay the loan of this case to the plaintiff, on the ground that the defendant's obligation to confirm whether the plaintiff resides in the real estate leased by the defendant, and that the defendant's actual use of the loan of this case was attributable to the plaintiff, such as the defendant's failure to file a complaint against the plaintiff while he was aware that the loan of this case was actually used by B and C.