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(영문) 서울중앙지방법원 2018.01.16 2017나34645

양수금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Comprehensively taking account of the purport of the arguments set forth in Gap evidence Nos. 1 through 15 as to the cause of the claim, the defendant purchased a high-end motor vehicle at around October 10, 2012, at the rate of KRW 17 million and loan rate of KRW 25.9% per annum, overdue interest rate of KRW 29% per annum, 30 months per annum, and principal and interest rate of KRW 30,000,000 and KRW 16.5% per annum, and the plaintiff was paid the above money from the above company on the same day, and at the rate of KRW 25,000,000, KRW 16,000,000 from KRW 25,000,000 and KRW 16,000,000,000 per annum 25,000,000,000,000 won per annum 16,000,000.

2. On the judgment of the defendant's defense, the defendant asserted that the above contract has no effect since the defendant had the capacity to perform his/her duties at the time of entering into the loan contract of this case.

capacity to act means one’s own act;