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(영문) 의정부지방법원 고양지원 2018.08.08 2018가단78998

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 36,854,754 and KRW 35,240,354 among them, 25% per annum from March 8, 2018 to the date of full payment.

Reasons

1. On May 13, 2016, the Defendant purchased a passenger car at B B bSSS 63AMG (hereinafter “instant passenger car”) and received a second-hand loan (hereinafter “instant loan”) with a loan of KRW 64,50,000 from the Plaintiff at a rate of 36 months, interest rate of loan 12.4% per annum, interest rate of overdue interest rate of 25% per annum, and interest rate of overdue interest rate of 25% per annum. The Defendant lost a benefit within a period of time on January 25, 2018 due to its failure to repay the principal and interest of the loan. As of March 7, 2018, the Defendant still remains at a rate of KRW 35,240,354 and unpaid interest of KRW 1,347,283,287, 267,117.

(C) Facts having no dispute, Gap 1 and 10 evidence, and the purport of the whole pleadings. Therefore, the defendant is obligated to pay to the plaintiff 36,854,754 won in total of the principal and interest of this case and 35,240,354 won in total, and damages for delay calculated at the rate of 25% per annum from March 8, 2018 to the date of full payment.

2. The defendant's argument as to the defendant's assertion, the defendant asserts that since the plaintiff, a sales salesperson of the used cars, transferred the automobile of this case to D to resolve the loan of this case, it is not liable to the defendant.

However, there is no evidence to acknowledge the defendant's assertion, and it cannot be asserted against the plaintiff with the circumstance that occurred between the defendant and the third party after the loan of this case. Thus, the defendant's assertion seems to have no reason to see it.

3. According to the conclusion, the plaintiff's claim is accepted.