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(영문) 서울중앙지방법원 2020.09.22 2020가단5183985

대여금

Text

1. The defendant shall pay to the plaintiff KRW 210,564,644 as well as KRW 209,00,000 from April 30, 202 to June 10, 2020.

Reasons

1. Basic facts

A. On December 6, 2019, the Defendant entered into a false lease agreement (hereinafter “instant lease agreement”) with C (hereinafter “Non-Party Company”) on the condition that the Defendant is leased at two weeks, the ownership of Non-Party Company: from December 6, 2019 to October 29, 2021; the lease deposit: 220 million won; and the lease deposit; and on December 27, 2019 between the Plaintiff and the Plaintiff, the Plaintiff entered into the said loan agreement with the Defendant on December 27, 2019 to cover the lease deposit under the instant lease agreement: 209,000,000 won; and : the expiration date of the loan period: October 27, 2019; and the Plaintiff paid the said loan to the Defendant.

B. On April 20, 2020, the Plaintiff became aware of the fact that the instant lease agreement was concluded falsely, and notified the Defendant that he/she lost the benefit due to the cause of “any false, altered, or intentional submission of false or defective data concerning credit transactions” under Article 8(1)8 of the Standard Terms and Conditions for Credit Transactions and requested the Defendant to return the instant loan.

C. The principal of the loan that the Defendant owes to the Plaintiff as of April 29, 2020 is KRW 209,000,000, and overdue interest is KRW 1,564,644.

[Ground of recognition] Evidence Nos. 1, 2-1, 2, 4, 5, and 6 of Evidence Nos. 2-1, 4, 5, and 6, and the purport of the whole pleadings.

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the above principal interest of KRW 210,564,644 (=interest of KRW 209,00,000 and interest of KRW 1,564,644) and delay damages calculated at the rate of 8.8% per annum from April 30, 2020 to June 10, 2020 on the day following the day on which the original copy of the payment order of this case was served for the payment order of this case from April 30, 2020 to June 10, 2020, the agreed interest rate of KRW 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. Conclusion.