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1. The Defendant shall pay to the Plaintiff KRW 20,037,759 and the interest rate of KRW 38.9% per annum from July 15, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On June 20, 2013, the Plaintiff loaned KRW 22 million to the Defendant on June 15, 2018, with the maturity on June 15, 2018; the repayment method set the repayment of principal and interest equal, the agreed rate, and the overdue interest rate at 26.9% per annum and 38.9% per annum, respectively.
(hereinafter “instant loan”). (b)
From May 15, 2014, the Defendant delayed the payment of the above principal and interest, thereby losing the benefit of June 16, 2014, and remaining at KRW 20,037,759.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Determination as to the cause of action
A. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20,037,759 in balance of the loan and damages for delay at the rate of 38.9% per annum from July 15, 2014 to the date of full payment, which the Plaintiff seeks, after the date of loss of the above-mentioned interest.
B. As to the Defendant’s assertion, (1) the Defendant’s assertion that Madjins, such as the Defendant’s assertion B, suffered from a mental disorder, and received the cell phone and passbook under the Defendant’s name from the Defendant, and then, he directly received the instant loan from the Plaintiff by using the cell phone and passbook. The Defendant did not receive the instant loan from the Plaintiff, and thus, cannot respond to the Plaintiff’s claim since it did not receive the instant loan from the Plaintiff.
(2) However, there is no evidence to acknowledge the defendant's above assertion, and it is not acceptable to accept it.
Furthermore, even if the defendant's above assertion is acknowledged, the defendant's assertion that he had given I a cell phone and passbook to I, and in full view of the purport of the whole pleadings in the statement No. 7, the plaintiff's employee applies for a loan of the Internet in the name of the defendant, by posting a cell phone in the name of the defendant, and applying for a loan by means of the resident registration number, etc. and an authorized certificate.