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(영문) 서울중앙지방법원 2020.04.10 2020가단5037426
대여금
Text

1. The defendant shall pay to the plaintiff KRW 52,502,178 and KRW 51,621,864 among them, per annum from December 6, 2019 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On July 29, 2019, the Plaintiff loaned a loan of KRW 53 million to the Defendant at 60 months of the loan period, the repayment method, the equal repayment of principal and interest, the interest rate of 9.9% per annum, and the overdue interest rate of 12.9% per annum.

(2) The Defendant did not pay the principal and interest of the loan in arrears, thereby losing the benefit of the term as stipulated in the loan agreement, and accordingly, the Defendant remains in excess of the principal and interest of the loan as of December 5, 2019 (principal KRW 51,621,864, interest KRW 880,314).

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4-2, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay the principal and interest of the loan and damages for delay on the principal among them to the plaintiff.

2. As to the defendant's assertion, the defendant purchased a vehicle with a loan under the name of the defendant, and concluded a loan contract in excess of the C's intent to sell the vehicle to another person within one month and repay the loan. However, the above assertion alone cannot be rejected.

3. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12.9% per annum from December 6, 2019 to the date of full payment, which is the sum of 52,502,178 won as the principal and interest of the loan and 51,621,864 won as the principal and interest of the loan. Thus, the Plaintiff’s claim of this case is justified.

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