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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
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the plaintiff paid 10,000,000 won to the defendant on October 2, 2015, with the maturity on October 1, 2018, with the interest rate of 27.9% per month, and with the repayment method determined in equal installments as principal (hereinafter "the loan of this case") and with the repayment method attached to the loan agreement of this case, the loan agreement of this case provides that "if the repayment of the principal and interest on installment repayment or installment repayment has not been delayed on at least two consecutive occasions, the benefit of the period shall not be claimed, and in this case, the loan (including interest and incidental expenses) shall be repaid immediately upon the creditor's request for payment (Article 6). As of July 31, 2017, the plaintiff paid the loan of this case to the defendant in arrears from May 1, 2017 to 4, 2094, 196.
According to the above facts, as the defendant has lost interest by delay on at least two consecutive occasions on June 2, 2017, the defendant is obligated to pay to the plaintiff 4,945,864 won of the loans in this case and damages for delay calculated at the rate of 27.9% of the agreed interest rate from July 31, 2017 to the date of full payment, barring special circumstances.
The defendant's argument concerning the defendant's argument that the annual interest rate of 27.9%, which is the interest rate of this case, exceeds 25% per annum under the Interest Limitation Act.
However, since the Plaintiff is a credit financial institution, the Interest Limitation Act does not apply to the instant loan agreement, and the Act on Registration of Credit Business, etc. and Protection of Finance Users and the Enforcement Decree thereof apply. Articles 15(1) and (4) and 8 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users, which was in force at the time of entering into the instant loan agreement (amended by Act No. 14072, Mar. 3, 2016).