beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the evidence No. 1-1-2, No. 4, and No. 5.
(1) On June 27, 201, the Plaintiff entered into a loan transaction agreement with the Defendant on June 27, 201 with a loan limit of KRW 270,00,000, and with a due date of payment on June 27, 2013, with a rate of interest rate of KRW 21% per annum. Under the said agreement, the Plaintiff loaned KRW 270,000,000 to the Defendant on June 27, 201.
(2) On July 28, 201, the Plaintiff entered into a loan transaction agreement between the Defendant with a loan limit of KRW 500,000,000 and the due date of payment on August 1, 2013; interest rate of KRW 21% per annum; and interest rate of KRW 400,000,000 on August 1, 201 and KRW 60,000,000 on July 7, 201.
(3) The interest and delay damages incurred until November 22, 2013 for KRW 270,00,000 for the loans specified in the above (1) are KRW 60,692,820 for the loans specified in the above (2) and the interest and delay damages incurred until November 22, 2013 for KRW 460,00,00 for the loans specified in the above (2) are KRW 106,826,250 for the loans specified in the above (2).
B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 170,00,000 ( KRW 270,000,000,000) calculated by deducting KRW 559,981,116 paid to the Plaintiff from the total amount of KRW 730,00,000 ( KRW 400,000,000) and KRW 170,018,884 ( KRW 730,000,000 - KRW 559,981,116), and the interest and delay damages incurred until November 22, 2013, plus KRW 167,519,070 ( KRW 692,692,820,06,826,250).
As to this, the Defendant alleged that KRW 60,000,000 from November 7, 201 was not the Defendant’s loan application and did not have any obligation to repay it to the Defendant since it did not have received the loan. Thus, according to the evidence No. 5, the amount of KRW 60,00,000 from November 7, 201 between the Plaintiff and the Defendant pursuant to the loan transaction agreement between the Plaintiff and the Defendant on July 28, 201.