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(영문) 서울남부지방법원 2016.01.14 2015나57954

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 21, 2014, the Defendant agreed to borrow KRW 14,400,000 from the Plaintiff to purchase a secondhand car at the rate of 15.5% per annum, overdue interest rate of 29%, and repayment method by equal installments of principal and interest for 36 months.

B. The Defendant lost a benefit due to the failure to repay the above loan properly. The above loan obligation remains in 13,437,535 won as principal, interest 490,493 won as of May 14, 2015, and KRW 13,959,962 as of May 14, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to repay the loan to the plaintiff, unless there are special circumstances.

In regard to this, the Defendant promised to change the name of the Defendant from the Defendant to B after the month when the name of the Defendant was registered, and thus, the Defendant cannot respond to the Plaintiff’s request. However, as long as the Defendant entered into the instant loan agreement with the Plaintiff, as long as the Defendant entered into the instant loan agreement with the Plaintiff, it is separate from the Defendant’s filing of a separate claim against B, the above assertion is without merit.

3. Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 29% per annum from May 15, 2015 to the date of full payment, with respect to KRW 13,959,962 and KRW 13,437,535 among them, so the plaintiff's claim is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.