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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 April 3, 2015, the Plaintiff concluded a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Defendant to grant a loan of KRW 29.7 million to the Defendant at an annual interest rate of 16.5%, an overdue interest rate of 29% per annum, and a repayment period of 36 months, on the condition that a collateral security is created by securing a vehicle (on the present NAS 2012 Form B), and lent the said money to the Defendant.
B. From April 10, 2016, the Defendant lost the benefit of time due to the overdue repayment from the Defendant’s partial repayment, and the Plaintiff’s remainder of the loan that remains as of July 11, 2016 is the principal amount of KRW 13,518,568, the agreed interest amount of KRW 706,990, overdue interest of KRW 93,225, and KRW 14,318,783.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff a total of KRW 14,318,783 of the principal and interest on the loan balance and KRW 13,518,568 of the principal, barring any special circumstance, delay damages calculated at the rate of 29% per annum from July 12, 2016, which is the date following the last repayment date to the date of full payment.
B. The defendant's argument that the defendant consulted C in order to obtain a loan of 5 million won, and the defendant suggested C to obtain a loan of 30 million won from the plaintiff so that C can obtain a loan of 30 million won from the plaintiff and thus accept the purchase of the NAN vehicle (B) from the plaintiff and the documents necessary for the loan were drawn up to C.
However, although C was granted a loan from the Plaintiff in the name of the Defendant, it shall be transferred to the Defendant in the name of the Defendant in the amount of KRW 5 million, and the NAS vehicle shall not be delivered.
Therefore, the defendant asserts that there is no obligation to pay more than five million won other than the 5 million won since the plaintiff was already paid more than five million won from the defendant's account.