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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. Facts of recognition;
A. On September 19, 201, the Plaintiff and the Defendant wished to prepare litigation costs for the appointment of an applicant agent in preparing for individual rehabilitation, and entered into an agreement with the Plaintiff that the Plaintiff agreed to lend KRW 1,30,000 to the Defendant at an annual interest rate of 39%, annual interest rate of delay, annual interest rate of 48%, and due date of repayment on February 20, 2012, and that the Defendant shall be paid in installments of KRW 285,800 on the said loan (hereinafter “instant loan agreement”).
B. On the same day, the Plaintiff transferred KRW 1,300,000 (hereinafter “instant loan”) to the bank account (D) designated in the name of Korea under the name of C, which is an employee of the law firm under which the Defendant entered into a delegation contract for individual rehabilitation for the application for individual rehabilitation.
C. Since then, the defendant terminated the above litigation delegation contract concluded with the law firm Jin-law, and did not pay all the principal and interest of the loan of this case.
On the other hand, around October 31, 2013, the Plaintiff received 600,000 won as the repayment for the instant loan from B (hereinafter “instant partial repayment”) from B as the repayment for the instant loan, and paid it to the interest of the instant loan.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, barring any special circumstance, the defendant is 48% per annum according to the loan agreement of this case sought by the plaintiff after he appropriated 1,300,000 won to the interest of the loan of this case and 600,000 won which the plaintiff was paid to the plaintiff. The defendant did not repay the loan of this case after the loan of this case was executed. The defendant did not repay the loan of this case. The date the plaintiff remitted the loan of this case on September 19, 201. Thus, damages for delay under the overdue interest rate of 740,252 won per annum from September 20, 201 to November 25, 2012 from September 20, 2011 to November 25, 2012.