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1. A contract for a loan for consumption of money, No. 1295, No. 1295, 201, signed by a notary public on August 29, 2011.
Reasons
1. Basic facts
A. On August 19, 201, the Plaintiff borrowed KRW 2,895,00 from the Defendant, and entered into a monetary loan agreement with the Defendant (hereinafter “instant loan”) with the content that the rate of interest and delay damages is 39% per annum, and the due date is November 19, 2011, and the Clegal Office written a notarized deed as stated in the Disposition 1 (hereinafter “instant authentic deed”).
B. The Plaintiff paid to the Defendant the money indicated as “amount to be appropriated” on each date indicated in the calculation date of the amount appropriated in the separate sheet as “the date of appropriation for performance.”
C. The Defendant registered credit business from June 21, 2010 to June 21, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings (Article 8(4) of the Act on Registration of Credit Business, etc. and Protection of Finance Users where a credit service provider deducts prior interest from prior interest, the amount actually received by the debtor, excluding the amount of deduction, shall be calculated by using the amount actually received by the debtor as the principal. The fact that the defendant, who was a credit service provider as of August 19, 201, paid 2,895,000 won to the plaintiff after deduction of prior interest, is not disputed, or can be known by the statement No. 1 of evidence No. 1.
2. The Plaintiff asserts that, as the Defendant’s instant loan claims against the Plaintiff have extinguished in full due to repayment, the Defendant’s compulsory execution against the Plaintiff based on the instant authentic deed should be denied.
On the other hand, if there is no agreement between the Plaintiff and the Defendant on the method of satisfaction of claims, the amount remaining after first being appropriated for interest and delay damages pursuant to Article 479 of the Civil Code should be appropriated for the principal. According to the facts of paragraph (1) based on the facts of paragraph (1), the rate of delay compensation for the loan of this case has been maintained until June 21, 2013.