1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Facts of recognition

On December 23, 2011, the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) extended a loan with a maturity of KRW 3,500,000 to the Defendant on December 22, 2013, setting the interest rate and overdue interest rate at 39% per annum (hereinafter “instant loan”).

The interest rate of the instant loan was 15% per annum on August 28, 2012 and 27% per annum on overdue interest rate.

After paying KRW 40,554 on May 6, 2013, the Defendant did not pay the interest on the instant loan. The Plaintiff appropriated KRW 40,554 as the interest on the instant loan to KRW 39,202 and the late payment charge to KRW 86,00 until April 29, 2013, and deposited KRW 1,266 in a separate deposit under the name of the Defendant.

On November 15, 2013, the Defendant terminated the instant separate deposits and appropriated them for performing the principal and interest of the instant loans.

As of March 24, 2014, the balance of the instant loan as of March 24, 2014 is KRW 3,289,409, and KRW 728,707, the interest or interest for delay accrued until March 23, 2014 (=interest 729,973 - the amount of a separate deposit - KRW 1,266), and the late payment charge is KRW 894.

The New Savings Bank was declared bankrupt on October 29, 2013 by Seoul Central District Court 2013Hahap161, and the plaintiff was appointed as the trustee in bankruptcy of the New Savings Bank on the same day.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3, and the facts of the above recognition as to the ground for the claim as to the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff the interest on the loan of this case amounting to KRW 4,019,010 (= Principal KRW 3,289,409, interest on delay damages of KRW 728,707, interest on delay damages of KRW 89), and interest on delay calculated at the rate of 27% per annum, which is the interest rate per annum from March 24, 2014 to the date of full payment.

Since the defendant's claim as to the defendant's argument was not repaid due to the bankruptcy of the new savings bank, the damages for delay is unfair.

In addition, the defendant deposited the repayment of KRW 4,794,080 on April 24, 2015.

Judgment

In light of the description of Gap evidence No. 4, the Shin Savings Bank.