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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. On April 25, 2017, C Co., Ltd. loaned KRW 800 million (hereinafter “instant loan”) to the Defendant, at the Plaintiff’s website, recruited by cloud crowdfunding (hereinafter “instant loan 1”).
B. On December 26, 2017, Co., Ltd and the Defendant extended the maturity of the instant loan No. 1 on March 26, 2018. On the same day, the Defendant agreed to pay 3% per annum of the amount of the loan (excluding value-added tax) in the platform usage fee (hereinafter “fee”) according to the number of days of use of the loan with the Plaintiff on the same day.
B. On November 8, 2017, Co., Ltd.: (a) extended additional loans to the Defendant KRW 450 million (hereinafter “instant second loans”); (b) on May 8, 2018, Co., Ltd. (hereinafter “instant second loans”); and (c) on the same day, the Defendant agreed to pay 3% per annum of the amount of loans (excluding value-added tax) according to the number of days of use of the said loans to the Defendant as fees.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, the purport of the whole pleadings
2. Determination on the cause of claim and the defendant's assertion
A. Determination on the ground of claim for the payment of fees related to the first loan of this case 1) The defendant is obligated to make a determination on the ground of claim as to the loan under the first loan of this case 1 of this case from April 26, 2017 to December 25, 2017. Since the defendant used the loan under the first loan of this case for 16,043,835 won (i.e., KRW 80 million x 3/100 x 244/365) and value-added tax 1,604,383, total 17,648,218 won and 17,648,216 won and 17,648,216 won and 17,648,216 won, the defendant is obligated to make a loan contract of this case after receiving the first loan of this case, but the defendant did not make the first loan agreement of this case 1 of this case and the first loan agreement of this case 1 of this case.