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(영문) 서울중앙지방법원 2019.05.30 2018가단5100772

대여금 및 보증채무금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 55,932,344 and the amount of KRW 48,596,454 from January 31, 2018 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. On July 11, 2011, the Plaintiff asserted that the Plaintiff leased KRW 99,90,00 to the Defendant at the interest rate of KRW 14.9% per annum, 48 months during the lending period, and 26.9% per annum. The Defendant lost its interest due to failure to pay the principal and interest from September 20, 2013, and the Defendant was liable to pay damages for delay at the rate of KRW 103,338,919, which is the aggregate of the principal amount of KRW 48,596,454 as of January 30, 201, and interest and interest thereon, and the interest and interest thereon. Thus, the Defendant is liable to pay damages for delay at the rate of KRW 48,59,454 per annum from January 31, 2018 to the date of full payment.

B. 1) In fact, the Plaintiff is a juristic person operating an installment financing business, and D Co., Ltd. (hereinafter “D”) is a juristic person that concludes an agreement with the Plaintiff for a partnership of loans on the installment of used cars and carries on the business of arranging loans to a mid-term and high-speed vehicle buyer, such as preparing an application for loans on the part of the buyer for used cars.

B) The Plaintiff, through D on July 11, 201, agreed to provide a loan agreement with the Defendant and the Defendant to rent KRW 99,90,000 at an annual interest rate of 14.9% and 48 months during the lease period (hereinafter “instant loan agreement”).

(C) Under the instant loan agreement, the Defendant approved that the Plaintiff’s credit transaction basic terms and conditions apply, and promised to make an agreement clause that contains the same content as the attached sheet. At the time of the instant loan agreement, the Plaintiff and the Defendant transferred the name of the vehicle to be purchased by the Defendant and agreed to set the first priority collateral order to the Plaintiff after the transfer of the name of the vehicle to be purchased, and the termination of the existing mortgage cancellation and the existing seizure of the E Co., Ltd., the first priority collateral security right, the first priority collateral security right, was set up against the Plaintiff. C) The Plaintiff paid the loan to E Co., Ltd. on the date of the loan agreement, and D remitted KRW 51,27,390 to E Co., Ltd. on the same day