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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 August 10, 2012, the Plaintiff and the Defendant lent KRW 10,000,000 to the Defendant for the purchase of Bursom Vehicles (hereinafter “instant vehicle”). However, the loan interest rate was 23.5% per annum and the overdue interest rate was 25.5% per annum (hereinafter “instant loan agreement”).
B. After that, the Defendant delayed the repayment of the principal and interest under the instant loan agreement, thereby losing the Defendant’s benefit of time under the instant loan agreement.
C. On May 28, 2015, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant loan contract is earlier cancelled on June 3, 2015 due to nonperformance of the obligation to lend the loan, etc.
As of June 3, 2015, the sum of the principal and interest of the Defendant (hereinafter “the principal and interest of the instant loan”) unpaid is KRW 3,431,614, and the unpaid principal and interest of the instant loan (hereinafter “the principal and interest of the instant loan”) is KRW 3,286,536.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25.5% per annum from June 4, 2015, which is the day following the termination of the loan contract of this case to the day of full payment, with respect to the principal and interest of this case, KRW 3,431,614, and the principal of this case, KRW 3,286,536.
B. The Defendant’s defenses 1) The Defendant’s defense for repayment was entrusted to D with the sale of the instant vehicle through C, one’s own land, through which the Defendant entrusted D with the sale of the instant vehicle. The said D directly paid the Plaintiff the money sold to the Plaintiff, thereby repaying all the Defendant’s obligations under the instant loan contract, and the Defendant was issued with the Plaintiff’s employee a certificate of full payment. 2) The Defendant was subsequently issued with the Plaintiff’s employee’s certificate of full payment.