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(영문) 서울동부지방법원 2020.07.10 2019가단151980

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 44,158,608 and KRW 42,579,786 from July 31, 2019 to the day of full payment.

Reasons

1. Type of goods subject to recognition: Establishment of mortgage by installments such as the equality of principal and interest (payment 1,415,573 won each time-off 1,415,573 won): 23,300,000 won (payment 50% of loan amount): C seller information: (1) Where a debtor under Article 8 of the General Terms and Conditions on Credit Transactions (performance of Interest) of the Terms and Conditions on Loans occurs, the debt shall be repaid according to the procedures set forth for each reason; (2) If a cause under Article 8 of the General Terms and Conditions on Credit Transactions occurs to the debtor;

(2) Where a debtor engages in any voluntary disposal referred to in Article 8, other than those referred to in paragraph (1), such as the transfer or lease of a motor vehicle, and the debtor loses the benefit of time for the debt concerned and does an act of creating a pledge, mortgage, etc., the financial company shall urge the cancellation of the creation in writing and the debtor shall lose the benefit of time for the debt concerned after the lapse of ten days from the date of arrival of the notice.

The plaintiff is a company with the main purpose of installment financing business, facility leasing business, etc.

On December 6, 2018, the Plaintiff entered into an agreement with the Defendant for a mobile-based debate with the following content:

(hereinafter “instant agreement”). (b)

On December 6, 2018, the Plaintiff paid C totaling KRW 46,600,000 to C in accordance with the instant agreement.

The Defendant received the ownership transfer registration from D on December 7, 2018 with respect to BMW730D (E) 2012 type (hereinafter “instant vehicle”).

C. In accordance with the instant agreement, the Defendant repaid the principal and interest to the Plaintiff in installments from December 24, 2018, but failed to repay the said amount after June 24, 2019, and the instant vehicle was subject to registration of seizure several times on the instant vehicle.

As of July 30, 2019, the sum payable by the Defendant to the Plaintiff under the instant agreement shall be 4,158.