beta
Text
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. According to the overall purport of Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff entered into a loan transaction agreement with B on May 21, 2014 with the limit of 6,000,000 won for use, the agreed rate of 34.9% per annum on the expiration date, the repayment method free interest rate of 34.9% per annum, and the loan transaction agreement (hereinafter "the loan agreement in this case") with the loan agreement in this case with the loan agreement in this case with the limit of 8,10,000 won, and the defendant jointly and severally guaranteed the loan agreement in this case with the limit of 8,10,000 won. ② The loan agreement in this case lost interest due to the failure to repay the principal and interest after August 17, 2016. According to the loan agreement in this case, the loan agreement in this case provides that overdue interest shall be paid for the balance from the time when the debtor lost interest due to the period, ③ overdue interest can be recognized as the principal and interest rate of 30.
Therefore, within the scope of KRW 8,100,00, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 34.9% per annum from August 18, 2016, for the principal and interest of this case, KRW 5,948,668, and its principal and interest of KRW 5,939,128.
As to this, the Defendant alleged to the effect that the principal of the instant loan should be reduced, since the Defendant repaid more than 4,800,000 won by means of equal installment of principal and interest, but according to the overall purport of each of the evidence and arguments as seen earlier, it can be recognized that the monthly amount paid to the Plaintiff by B was appropriated for the principal, and the remaining amount was appropriated for the principal, and that it remains 5,939,128 won as the principal of the instant loan. Therefore, the Defendant’s allegation is without merit.
2. If so, the plaintiff's claim is accepted due to the reasons, and the judgment of the court of first instance is just with this conclusion, and the defendant's appeal is dismissed as it is without merit.