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(영문) 서울북부지방법원 2014.09.16 2013가단108751

대여금

Text

1. The defendant shall pay to the plaintiff KRW 29,381,125 and the amount of KRW 28,172,00 among them, from September 27, 2013 to the day of full payment.

Reasons

1. Since the Plaintiff sought the payment of the principal and interest of a loan stated in the purport of the claim, comprehensively taking account of the overall purport of the statements and arguments stated in Gap evidence Nos. 1 through 14, the Plaintiff agreed to purchase the above company's used cars (hereinafter "the instant automobile") owned by the above company as a broker of all of the joint stock companies, 2007 Benz (M280 CDs) used cars (hereinafter "the instant automobile"). The Defendant was granted a loan of KRW 29,90,000 from the Plaintiff on April 27, 2013 for the payment of purchase price of the said automobile, 36 months of the loan period, interest rate of KRW 25.40 per annum, 29% per annum, interest rate of KRW 29% per month, interest rate of KRW 29% per month, 205 per annum and interest rate of KRW 297, 297, 2097, 2097, 2097.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 29% per annum from September 27, 2013 to the date of full payment of the loan principal of KRW 29,381,125, and the balance of the loan principal of KRW 28,172,07, which is the following day of the basic date, to the Plaintiff, unless there are special circumstances.

2. As to the defendant's assertion, the defendant set up a collateral for a loan obligation by setting up a collateral for a loan obligation with respect to the above motor vehicle, and it can be deemed that there exists no collateral, which is a prerequisite for the defendant's failure to obtain the above motor vehicle until now.