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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The judgment of the court of first instance is subject to Paragraph 1.
Reasons
1. The facts that the Plaintiff leased KRW 65,00,000 to the Defendant on November 27, 2014, with interest rate of KRW 24% per annum without setting the due date for repayment, may be recognized according to the respective entries in the evidence Nos. 1, 3, and 6 (including the number of branches), and the purport of the whole pleadings.
[Defendant asserted that 65,00,000 won was borrowed from the Plaintiff without any determination of interest. However, the following circumstances revealed by the evidence and the purport of the entire pleadings, i.e., the relationship between the Plaintiff and the Defendant, i.e., no relationship or friendly relationship between the Plaintiff and the Defendant; ② the Plaintiff’s loan was made by the Plaintiff with a security loan on deposit basis; and the Plaintiff did not appear to have lent 3,00,000 won to the Defendant who had no relationship with the Plaintiff until the Plaintiff was faced with losses; ③ on February 29, 2016, the Defendant repaid the Plaintiff of 3,000,000 won to the Plaintiff on May 1, 2017, and thereafter, completed the registration of creation of a mortgage over the maximum debt amount of 90,000,000 won for the real estate owned by the Defendant; ④ The Plaintiff introduced the Plaintiff to the Defendant, and the agreement between the Defendant on the payment of interest rate of 24% per annum between the Defendant, 2000,200.
Therefore, barring any special circumstance, the defendant shall use the above 33,00,000 won to the plaintiff for interest 50,689,315 won [46,80,000 won (=65,000 won x 24% x 3 years] 3,889,315 won (=65,000 won x 65,000 x 24% x 24%) until February 26, 2018, and shall pay damages for delay calculated at the rate of 82,689,315 won (65,00,000, 689,315 won - 50,689,315 won - 33,000,000 won x 65,000,000 won x 365,000 won)], and the amount of delay interest calculated at the rate of 3,007,201.