1. The defendant's appeal is dismissed.

2. The costs of the lawsuit incurred after the appeal shall be borne by the defendant.

3...

1. Facts of recognition;

A. On September 5, 2012, the Defendant approved the Plaintiff’s application of the Plaintiff’s basic credit transaction terms and conditions, and granted a loan of KRW 65,00,000 on September 5, 2017, with interest rate of KRW 15.8% per annum, interest rate of KRW 24% per annum, interest rate of KRW 60% per annum, and over 60 months on the condition of equal installment repayment of principal and interest per month (hereinafter “instant loan”). On September 19, 2012, the Defendant created a mortgage on KRW 65,00,000 for a truck owned by the Defendant for Korea (hereinafter “Defendant truck”).

B. Since then, the Defendant lost the benefit of time by failing to repay the principal and interest of the instant loan, and as a mortgagee for the Defendant truck, the Jeju District Court: (a) paid KRW 37,480,726 to the said court in the auction procedure of automobile rental car C, which was applied by the Plaintiff as the mortgagee, in the order of the expenses, interest, and principal, and (b) on July 9, 2015, as of July 9, 2015, the Defendant paid the unpaid principal and interest of the instant loan amounting to KRW 36,950,284 (=a total of KRW 24,689,932 interest and overdue interest).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 13 (including each number in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the interest rate of 24% per annum from July 10, 2015 to the date of full payment with respect to the interest rate of 36,950,284 won that has not been paid until July 9, 2015 and the principal amount of 24,689,932 won, which is the following day of the above base date.

In the first instance court, the Plaintiff claimed against the Defendant for late payment of the outstanding principal and interest of KRW 58,320,754 and damages for delay of KRW 54,892,643 among the principal and interest of the Defendant, but in the first instance court, reduced the Plaintiff’s claim by seeking payment of the dividend for the voluntary auction procedure for Defendant Truck, which remains after appropriation of the dividend. The Plaintiff’s claim reduction of the above purport of the claim is part of the lawsuit, which is the first instance court’s decision.