대여금
1. The Defendant shall pay to the Plaintiff KRW 22,519,423 and KRW 21,672,080 among them, 29% per annum from February 6, 2016 to the date of full payment.
1. Determination as to the cause of claim
A. The Defendant purchased a motor vehicle on July 30, 2015, and received a loan from the Plaintiff in equal installments for a period from June 23, 2016 to April 48, 2015, with interest of KRW 23 million per annum 18.9% per annum, interest rate in arrears 29% per annum, and payment with interest in arrears.
At the time, the defendant agreed to lose the benefit of time when the payment was delayed twice or more.
Loans were paid to the automobile transferor.
The defendant lost the benefit of time due to the failure to pay installments from December 23, 2015.
As of February 5, 2016, the balance of the loan is 22,518,423 won including principal,672,080, interest and overdue interest.
[Grounds for recognition] A.1-4 Evidence, the purport of the whole pleadings
B. The Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 29% per annum from February 6, 2016 to the date of full payment with respect to KRW 22,5198,423 and the principal amount of KRW 21,672,080, which is the day following the base date of the above claim.
2. Judgment on the defendant's assertion
A. The defendant asserts that he did not sign the loan contract by himself, but it was recognized as the principal's own pen with respect to the evidence No. 1, and the above argument is without merit.
B. The Defendant asserts to the effect that, as the Plaintiff entered into a loan agreement and did not receive an automobile, the Defendant is not liable for the repayment of the loan, since it did not receive an automobile after having entered into the loan agreement.
However, even if the defendant's assertion is true, insofar as the defendant concludes a loan contract with the plaintiff and pays the loan to the motor vehicle seller, it does not deliver the motor vehicle to the defendant, the defendant does not have any influence on the establishment of the obligation of the loan.
The defendant's argument is without merit.
3. citing the Plaintiff’s claim for conclusion