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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 23, 2018, the Defendant entered into a loan agreement with the Plaintiff for a loan of KRW 15.6 million, the loan period of KRW 48 months, the agreement rate of KRW 10.9% per annum, and the interest rate of delay damages rate of KRW 13.9% per annum (hereinafter “instant loan agreement”) and received a loan from the Plaintiff.
B. According to the instant loan agreement, where an obligor delays the payment of the principal and interest of installment payments on at least two consecutive occasions, the obligor would lose the benefit of time. The Defendant did not pay the principal and interest of installment payments on or before August 20, 2018 and September 20, 2018.
C. As of October 1, 2018, the balance of the principal and interest of this case as of October 1, 2018 is the principal amount of KRW 8,659,512, interest and delay damages amount of KRW 189,404.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 through 6 and the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 13.9% per annum, which is the rate of delay damages, from October 2, 2018 to the date of full payment, for KRW 8,848,916 (=8,659,512 Won 189,404) and the principal of the loan, as to KRW 8,659,512.
B. The Defendant asserts that the claim of this case cannot be complied with because D, which had been in a relationship with the Defendant, was deceiving the Defendant to enter into the loan contract of this case.
According to the evidence evidence No. 2, D, which had a relationship with the Defendant, is false on April 23, 2018, stating that “If a person intends to operate a telecom, he/she will make a preferential purchase in the name of a motor vehicle in the name of a driver, and transfer a vehicle in the name of another person after the month, if he/she will pay for the pre-paid part of the pre-paid part of the pre-paid part of the pre-paid part of the pre-paid part of the pre-paid part of the pre-paid part.”