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(영문) 광주지방법원 2019.07.26 2018가단96

대여금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 451,529,955 and KRW 324,589,045 from November 14, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On March 21, 2014, the Plaintiff agreed to pay the interest rate of KRW 330,00,000, ② on March 21, 2017, ② on March 21, 2017, ③ interest rate of KRW 5.799 per annum (12 months per annum) and ④ interest rate of KRW 5.799 per annum from the date of the expiration of the loan, ④ interest shall be repaid every one month from the date of the expiration of the loan, and shall be repaid in full at the expiration of the loan period, and even before the loan is not repaid as agreed or due, if consecutive arrears are delayed on more than two occasions pursuant to the basic terms and conditions of the loan transaction even before the due date, the Plaintiff shall lose the benefit of time and shall pay overdue interest (one hundred percent within thirty days, more than ninety days more than ninety days more, and more than ninety days more than ninety days more than ninety per annum, respectively)

(hereinafter referred to as “the instant loan agreement”). B.

The instant loan was paid only to the interest until November 20, 2014, and the Plaintiff recovered KRW 5,410,955 on November 13, 2016, and disposed of as principal.

[Ground of recognition] Items A 1 through 7, 10, 11, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 451,529,955 and the principal of KRW 324,589,045 as well as delay damages of KRW 19.79% per annum from November 14, 2016 to the date of full payment, barring any special circumstance.

B. The Defendant’s assertion and judgment 1) The Defendant’s loan agreement in this case is null and void as a conspiracy. The Defendant’s assertion and judgment are invalid as a conspiracy. However, since the actual obligor E knew that the Defendant caused the Defendant to enter into the instant loan agreement by deceiving the Defendant, this case’s loan agreement constitutes a juristic act by a third party’s fraud, and thus, is revoked. Therefore, the Defendant is not obligated to repay the instant loan. Therefore, in order for the judgment to establish a false conspiracy to determine whether the agreement is null and void as a false conspiracy, the agreement with the other party is inconsistent with the intention and indication of the declaration of intention and the agreement is required. A third party is the principal obligor or the principal obligor