대여금
1. Of the judgment of the court of first instance, as to KRW 15,917,950 among the Plaintiff’s KRW 16,466,810 and the aforementioned money, as to the Defendant’s KRW 15,917,950.
1. Facts of recognition;
A. On March 2, 2015, the Plaintiff: (a) lent KRW 18.3 million to the Defendant at an annual interest rate of 18.9% (2.5% per annum) on the condition that Bbee-crated vehicles (hereinafter “instant vehicles”) are provided as collateral; (b) the Defendant entered into an agreement on the loan of 18.9% per annum (25% per annum); and (c) the Defendant’s mid-term repayment of KRW 669,80 per annum for 36 months.
B. Although the above loan was executed on March 2, 2015, the Defendant did not offer the Plaintiff the instant vehicle as security, and the instant vehicle was owned by a third party from February 11, 2015 until the date.
C. There are the following provisions in the terms and conditions of loans and the basic terms and conditions of credit transaction related to the above loan agreement:
[Loan Terms and Conditions] Article 8 (Loss of Benefit of Time) ① In the event that a ground under Article 8 (Liability of Repayment before Due Date) of the General Terms and Conditions for Credit Transactions occurs to the debtor, the debtor will immediately repay all obligations to the financial company or any of its obligations to the financial company in accordance with the procedure set for each reason.
[Basic Terms and Conditions for Credit Transactions] (4) If any of the following events occurs with respect to a debtor, a financial company shall urge the debtor to pay in writing, and the debtor shall lose the benefit of all of his/her obligations to the financial company after the lapse of the period specified by the financial company at least ten (10) days from the date of arrival of such notification, and shall pay such obligation to the financial company.
(b)
2. If a person fails to perform his/her duty to buy an insurance policy for leased goods or securities, or if he/she causes any damage to a financial company by transferring mortgaged goods for the purpose of harming a financial company, the relevant house purchased or constructed with a loan for housing funds, or the machinery, buildings, etc. installed with a loan for facilities delayed providing security, or the performance of an individual agreement with a financial company, which shall be normal;