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(영문) 부산지방법원 2019.12.03 2018가단328689

대여금

Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 104,262,501 and KRW 101,470,322 from August 30, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a comprehensive financial corporation specializing in credit finance, which deals with installment financing loans, general loans, leases, etc., after obtaining authorization from the Financial Supervisory Commission.

B. On December 1, 2017, the Plaintiff entered into a contract with the Defendant to provide loans by setting the principal amount of KRW 110,000,000 (hereinafter “instant vehicle”) borrowed through telephone communications with the Defendant’s personal identification certificate, resident registration certificate, copy of resident registration certificate, and business registration certificate, etc. (hereinafter “instant loan contract”) by setting the loan amount of KRW 110,00,000 (hereinafter “instant vehicle”) through telephone communications with the Defendant, etc., 60 months during the loan period, 10.9% per annum, overdue interest rate of KRW 25% per annum, overdue interest rate of KRW 15% per annum, and the principal and interest on the repayment method (hereinafter “instant loan contract”).

C. The Plaintiff remitted the instant loan to the F account, and the F made payment to the seller of the instant vehicle to the seller of the instant vehicle, thereby completing the registration of transfer of ownership in the name of the Defendant.

The principal and interest of the instant loan that the Defendant agreed to repay per capita on July 1, 2018 was unpaid from July 1, 2018, and the Plaintiff notified the Defendant on August 17, 2018 that “if the principal and interest are not paid until August 28, 2018, the interest shall be lost on at least two occasions due to delay.” However, the interest on the instant loan was lost due to the failure to pay the interest in arrears within the said period.

As of August 29, 2018, the amount of the instant loan obligation is KRW 104,262,50,501 in total, including ① the principal amount of KRW 101,470,32, ② the unpaid interest of KRW 2,65,03, ③ the unpaid interest of KRW 137,146.

[Ground of recognition] Facts without dispute, Gap 1 (including a provisional number; hereinafter the same shall apply), 3 through 7, 9, 10, 12 through 15, Eul 1 through 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall, unless there are special circumstances.