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(영문) 서울중앙지방법원 2017.01.19 2016가단55767

대여금

Text

1. The defendant shall pay to the plaintiff KRW 98,737,446 as well as KRW 54,780,80 among them, from April 6, 2016 to the day of full payment.

Reasons

1. Basic facts

A. Around July 13, 2012, the Plaintiff, a corporation operating a facility leasing business, installment financing business, etc., entered into an installment financing agreement with the Defendant (hereinafter “instant agreement”) with the Defendant, and the main contents thereof are as follows:

The debtor: BUDI A63.0TDI Qatian price, etc.: Vehicle price of 67,80,000,000 won / Advance payment amount of 13,000,000 won / The installment financing amount of 54,800,000 won: The payment method of 36 months: The payment method of 24% per annum for delayed payment of principal and interest (13.66% per annum).

B. According to the credit transaction basic terms and conditions and the installment financing terms and conditions contained in the instant agreement, if the Defendant has delayed payment of the principal and interest on installment payments or installment payments on more than two consecutive occasions, they shall lose the benefit of time and shall immediately repay all obligations.

C. On November 28, 2014, the Plaintiff terminated the instant agreement on the grounds of the Defendant’s failure to repay the amount in installments, and the Defendant’s obligation against the Plaintiff, calculated as of April 5, 2016, is KRW 54,780,80, and KRW 43,956,646, in total, KRW 98,737,446, and KRW 546,00,00 of the remaining principal.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 6-1 and 2 evidence, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 24% per annum from April 6, 2016 to the date of full payment of the agreed interest rate of 98,737,446 won with respect to the principal and interest of installment financing and the principal of 54,780,80 won among the principal and interest of installment financing and the principal of the installments.

3. The Defendant’s assertion does not conclude the instant agreement with the Plaintiff on his own will, but asserts that the person who is the president of C, who received documents, such as the Defendant’s certificate of personal seal impression, was to enter into the instant agreement under the name of the Defendant in collusion with the automobile business operator. However, the statement of evidence No. 1 alone is the Defendant’s above.