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(영문) 수원지방법원 2015.09.22 2014가단523400

대여금

Text

1. The defendant shall pay to the plaintiff KRW 42,856,632 as well as KRW 41,00,000 among them, from May 26, 2014 to the day of full payment.

Reasons

On November 19, 2013, the defendant purchased a vehicle from Hyundai Motor Co., Ltd. on a discount basis, and received a loan from the plaintiff on the same day at the lending period of KRW 41 million and interest rate of KRW 9.9% per annum.

At the time, the Defendant agreed to pay the Plaintiff damages for delay calculated at the rate of 24% per annum for all the remaining principal and all the obligations of the Plaintiff when a cause for loss of the due interest under the credit transaction basic terms and conditions or credit transaction agreement occurs.

The defendant delayed the repayment of the principal and interest of the loan, thereby losing the benefit of May 25, 2014, and on the same day, there is a total of KRW 1,856,632 of the principal and interest of the loan as of the same day.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3, 9, 10, 13 (the new statement of the premium rates in Gap evidence Nos. 1, 9, 10, and the statement of Gap evidence No. 4, the defendant's name is recognized to be by the seal of the defendant, and the authenticity of the whole document is presumed to be established. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 24% per annum, which is the overdue interest rate, from May 26, 2014 to the date of full payment, for the sum of the principal and interest of the loan amount of KRW 42,856,632, and among them, KRW 41,00,00,000,000 from May 26, 2014.

The defendant asserts that the loan agreement is null and void because it was not known that the conclusion of the loan agreement would bring about any legal effect due to a mental division, and the plaintiff did not perform his duty to explain the terms and conditions, the credit assessment was conducted unfairly, and the details of the goods (automobile) and the delivery time are not stated in the new application form.

Domins, B.