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1. The defendant shall pay to the plaintiff 58,546,736 won and 58,441,029 won among them, per annum from March 5, 2020 to the day of full payment.
Reasons
1. According to the reasoning of Gap evidence Nos. 1 through 7 as to the cause of the claim and the purport of the entire pleadings, the plaintiff, on November 21, 2019, extended a loan of KRW 58,50,000 with a vehicle purchase fund, 60 months of loan period, interest rate of KRW 7.77% per annum, delay damages rate of KRW 10.77% per annum (hereinafter “instant loan”). The defendant lost the benefit of time due to delinquency in paying the principal and interest of this case; the loan principal of this case remaining as of March 4, 2020 remains as of March 58,41,00, interest rate of KRW 105,707 can be acknowledged.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 58,546,736 (i.e., the principal amount of KRW 58,441,029) and damages for delay calculated at the rate of KRW 58,441,029, which is the rate of delay damages from March 5, 2020 to the date of full payment (i.e., the agreed delay damages rate of KRW 10.77%).
2. Judgment on the defendant's assertion
A. Although the name of the Defendant is the name of the automobile in the future of the Defendant, the Defendant received the instant loan from the Plaintiff while purchasing the automobile, the Defendant is not responsible for repaying the instant loan, and there is no evidence to acknowledge it.
[Evidence] The same holds true when the parties present at the date for pleading or the date for preparatory pleading and present it in reality, and the same holds true when it is deemed that the complaint attached with documentary evidence has been stated (see Supreme Court Decision 91Da15775, Nov. 8, 1991). The defendant submitted a written answer accompanied by documentary evidence on April 3, 2020, but the defendant did not present the first date for pleading opened on September 15, 2020; the second date for pleading opened on October 13, 2020; the third date for pleading opened on November 3, 2020; and the third date for pleading opened on November 3, 2020; on the other hand, the above written answer presented by the defendant cannot be deemed as having been presented as evidence; therefore, the above argument by the defendant is without merit.
B. The defendant, the defendant.