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(영문) 서울중앙지방법원 2016.08.31 2015나52267

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff loaned KRW 16,50,000 to the defendant on August 19, 2014 on the maturity of August 19, 2019, KRW 246,91 per annum 31.9% per annum of the principal and interest, interest rate, interest rate, and overdue interest rate for 60 months each month of the repayment method. The defendant lost profits as of October 5, 2014 due to the defendant's failure to repay the principal and interest of the above installment, and the total amount of the principal and interest of the loans as of January 13, 2015 are KRW 18,032,590, the principal and interest of KRW 16,191,890 among them are deemed to have been paid to the plaintiff at the rate of 18,032,500 won per annum 19,196.

2. Judgment on the defendant's defense

A. The summary of the defendant's defense was that the defendant applied for the above loan to the plaintiff. However, according to the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and Refund of Loss (hereinafter "Telecommunications-based Financial Fraud Refund Act") and the Enforcement Decree of the same Act, the plaintiff, a financial company, should take measures for identification by using the telephone (including cell phones) of the user registered with the financial company when the user applied for the loan, without taking measures for identification, but violated the financial company's obligations under the above Act by identifying himself/herself using the cell phone used by the defendant at the time of the above loan application. The defendant suffered loss caused by the plaintiff's act of violation of the plaintiff's obligations by borrowing the above money from the plaintiff to the non-party B. The defendant raised a defense to the effect that the plaintiff does not have any obligation to pay the plaintiff when offsetting the plaintiff'

(b) judgment;