1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or are acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 2, 4, and 5.

(1) On July 28, 201, the Plaintiff entered into a loan transaction agreement with the Defendant for a loan limit of KRW 500,000,000, and the due date for payment on August 1, 2013; the interest rate of KRW 21% per annum; and the interest rate of KRW 400,000,000 on August 1, 201; and each of the Defendant extended KRW 60,000,000 to the Defendant under the said agreement.

(2) The interest and delay damages incurred until November 22, 2013 on the above loans of KRW 460,000,000 are KRW 104,784,650.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the interest and delay damages incurred until November 22, 2013 and KRW 104,784,650,650, which were paid by the Plaintiff, after deducting KRW 391,36,912 from the amount of KRW 460,000 ( KRW 400,000,000) of the loan principal ( KRW 68,633,088 ( KRW 460,000 - KRW 391,36,912) and the interest and delay damages incurred by November 22, 2013.

As to this, the defendant asserts that he did not have any obligation to repay the loan amounting to 60,00,000 won on November 7, 201 to the defendant since the defendant did not have filed an application for the loan and did not have received the loan, and therefore, he did not have any obligation to repay the loan amounting to the defendant. Accordingly, according to the evidence No. 5, the loan amounting to 60,000,000 won on November 7, 201 between the plaintiff and the defendant pursuant to the loan transaction agreement between the plaintiff and the defendant on July 28, 2011, and it is recognized that the defendant delegated the right to receive the loan to the CD Construction Industry Co., Ltd., and the above company paid the loan by receiving the loan amount, the defendant's argument

2. In conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum for the Plaintiff within the scope of the agreed interest rate of 173,417,738 won (104,784,650 won) and 68,63,08 won among them from November 23, 2013 to the date of full payment. Thus, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum for the Plaintiff.