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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
In the first instance court, the Plaintiff sought the payment of the acquisition money transferred from Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) to the Defendant and the acquisition money transferred from Samsung Life Insurance Co., Ltd., and the first instance court dismissed the lawsuit of the part of the claim for acquisition money transferred from Samsung Life Insurance Co., Ltd., and dismissed the claim for acquisition money transferred from Hyundai Capital Capital.
In this regard, the plaintiff appealed against the dismissal of the claim for the acquisition money transferred from Hyundai Capital, which is subject to the judgment of this court, is limited to the dismissed claim.
Comprehensively taking account of Gap evidence Nos. 1 through 7 as to the cause of the claim, the defendant entered into a loan contract with Hyundai Capital on December 16, 2003 by setting the rate of KRW 3,298,531 per annum, the repayment period of KRW 21% per annum, and the repayment period of KRW 36 months. The defendant approved Hyundai Capital from January 2, 2004 that it bears the principal of the claim, KRW 3,298,531 as well as interest payment, and it appears to have been paid in installments from February 5, 2004 to January 5, 207; when repayment of the above amount is delayed, the defendant set up a notarial deed with the purport to pay damages for delay calculated at a rate of 29% per annum for the delayed amount to the defendant; thereafter, the defendant obtained a loan from Hyundai Capital on November 14, 2005 to 36% per annum 196% per annum; and the plaintiff seems to have been aware of the remaining interest payment rate of KRW 3016.5% per annum.
Therefore, the Defendant’s acquisition amounting to KRW 9,766,761 and KRW 3,065,691 among them shall be the ratio of KRW 15% per annum for the Plaintiff within the scope of the agreed interest rate from March 7, 2017 to the date of full payment.