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. Facts of recognition;

A. On February 5, 2014, the Defendant leased and resided as the lease deposit amounting to KRW 145 million, and from May 27, 2013, the lease deposit amounting to KRW 113 and 301,00,000 in Suwon-si, Suwon-si, and the period of lease from May 27, 2013. On February 5, 2014, the Plaintiff created a pledge of KRW 72,00,000,000 as to the secured claim for the refund of the lease deposit under the said lease, and received a loan from the Plaintiff by setting the loan amounting to KRW 60,00,000 as the interest rate on May 26, 2015, the three-month change rate, and damages rate of KRW 18% per annum.

B. The Defendant consented to the establishment of the above pledge and agreed that the amount of KRW 72 million should be returned directly to the Plaintiff in order to recover the Plaintiff’s loan (hereinafter “instant agreement”) within the extent of the balance remaining after deducting the amount of deferred deduction from the lease deposit, when the lease deposit is returned upon termination of the above lease relationship with the Plaintiff.

C. After the termination of the lease relationship, the Defendant returned the full amount of the lease deposit to A in violation of the instant agreement.

A as of September 27, 2016, the Plaintiff did not pay the loan principal of KRW 60 million, interest of KRW 593,410, damages for delay, KRW 7,990, and KRW 60,601,40.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, and 6 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the agreed damages for delay calculated at 18% per annum from September 28, 2016 to the date of full payment with respect to the Plaintiff’s principal and interest of loan of KRW 60,601,400 and the amount of KRW 60 million from September 28, 2016 to the date of full payment, unless there are special circumstances in accordance with the agreement of this case as the garnishee of the above contract establishing a pledge.

B. As to the Defendant’s assertion, the Defendant’s name, resident registration number, and the lessor’s letter of consent to the pledge and letter of promise to refund the lease deposit (Evidence A3).