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(영문) 수원지방법원성남지원 2015.01.20 2014가단217623
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 3,909,312 and the amount of KRW 18,564,962 from May 8, 2014 to the day of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 3-9, the defendant borrowed the principal amount of KRW 21 million from the NAF Capital Co., Ltd. on April 12, 201, at the interest rate of KRW 27%, at the overdue interest rate of KRW 29%, and on equal terms and conditions for repayment of principal and interest (hereinafter "the loan of this case"), and the plaintiff acquired the loan of this case from the NAF Capital Co., Ltd. on December 23, 2013. The defendant lost the benefit due to the loan of this case as of May 7, 2014, and the fact that the debt of KRW 18,564,962 as of May 7, 2014 was incurred.

(1) On April 1, 201, the Defendant asserted that: (a) around April 1, 201, the Defendant provided B with the Defendant’s certificate of personal seal impression, copy of passbook, resident registration certificate, resident registration certificate, seal imprint, and certificate of employment; (b) however, the Defendant did not have entered into the instant loan contract. Even if the Defendant, as alleged by the Defendant, granted B, around April 7, 201, only 200,000 won as vehicle purchase funds, the Plaintiff appears to have justifiable grounds to believe that the Defendant was authorized to enter into the instant loan contract on behalf of the Defendant for the loan of automobile purchase funds. Accordingly, it is reasonable to deem that the Defendant is liable to the Plaintiff pursuant to Article 126 of the Civil Act to pay the Plaintiff the principal and interest of the instant loan to the Plaintiff at the rate of KRW 390,000,000 from May 7, 2014 to KRW 391,294,296,296,296.

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