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(영문) 서울중앙지방법원 2016.06.22 2016가단39796

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 26,02,957 and KRW 20,289,431 among them, from February 18, 2016 to the day of full payment.

Reasons

1. According to each of the statements in Gap evidence Nos. 1 through 3 (including each number) as to the cause of the claim, the defendant is obligated to pay to the plaintiff 26,002,957 won in total and the leased principal of KRW 20,289,431 per annum from February 18, 2016 to the date of full payment.

2. Judgment on the defendant's assertion

A. A loan agreement entered in the annexed cause of claim between the plaintiff and the defendant (hereinafter "the loan agreement of this case") was made between the plaintiff and the defendant in order to pay the purchase price of the lease contract of this case.

However, the above sales contract is null and void pursuant to Article 103, 104, 108, 109, and 110 of the Civil Act. Since the plaintiff is a joint tortfeasor who participated in the above invalid rental sale contract, the plaintiff's claim is unjust.

B. The evidence presented by the Defendant alone cannot be deemed as invalid for the lease agreement concluded between the Defendant and the Bag F&C, and further, it cannot be deemed that the validity of the above lease agreement affects the existence of the Defendant’s obligation to repay the loan under the loan agreement in this case.

3. Full acceptance of the Plaintiff’s claim

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