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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
Claim:
Reasons
1. Facts of recognition;
A. On September 8, 2015, the Defendant agreed to obtain a loan of KRW 30,000,000 at interest rate of KRW 5.89% per annum and the period of loan from September 14, 2015 to September 13, 2021. The Defendant borrowed KRW 30,000,000 from C on September 14, 201.
(hereinafter) The loan contract between the Defendant and C is “the instant loan contract,” and the relevant loan is “the instant loan”). (b)
On September 8, 2015, the Plaintiff agreed to pay C the principal and interest of the instant loan within the limit of KRW 30,000,000 on behalf of the Defendant when the Defendant delayed the repayment of the instant loan (hereinafter “instant insurance contract”).
C. On September 8, 2015, the Defendant agreed to immediately repay the amount equivalent to the insurance money to the Plaintiff, a statutory subrogation, where C received the insurance money from the Plaintiff. If so, the Defendant agreed to pay the insurance money by adding the delay interest rate determined by the Plaintiff within the maximum overdue interest rate from the day following the date of the payment of the insurance money to the day of the full payment (the application of the overdue interest rate determined by the Plaintiff within the maximum overdue interest rate among the overdue interest rate of the ordinary loan of the Si bank and the overdue interest rate under the loan contract
(hereinafter “instant subrogation agreement”). D.
The overdue interest rate determined by the Plaintiff is 6% per annum for 30 days from the day following the date of the payment of insurance proceeds, 9% per annum for 60 days from the following day, 12% per annum for 12.89% per annum for one month from the date of delinquency, 13.89% per annum for two months from the following day, and 14.89% per annum for 14.89% from the following day to the date of full payment.
E. Since November 16, 2016, the Defendant began to delay the repayment of the balance of the instant loan and its interest from around November 16, 2016, C filed a claim against the Plaintiff for payment of KRW 25,335,245 of the principal amount of the instant loan, on February 9, 2017. The Plaintiff filed a claim against C on July 25, 2017.