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(영문) 서울중앙지방법원 2019.06.21 2018가단5063248
대여금
Text

1. The defendant shall pay to the plaintiff KRW 38,752,754 as well as KRW 32,743,209 among them, from March 29, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 13, 2017, the Defendant: (a) purchased a used car of the Category C (hereinafter “C”); and (b) concluded the instant loan agreement by directly signing and sealing on a used car loan agreement with the Plaintiff, the Plaintiff and the Plaintiff’s affiliated E, an affiliated store, with the Plaintiff, through a certificate of personal seal impression, driver’s license, resident registration, and a certificate of eligibility for health insurance; (c) KRW 36 million per annum, interest rate of KRW 14.9% per annum; (d) the loan period of KRW 36 months; and (e) the overdue interest rate of KRW 25% per annum (hereinafter “the instant loan agreement”).

B. Article 1 of the terms and conditions of the Plaintiff’s secondhand loan loan agreement applicable to the instant loan agreement provides that “I, on behalf of the principal, pay the amount requested, to the seller directly or through the party concerned for the secondhand loan application, the financial company will entrust the seller with the payment of the amount requested, and the financial company will pay the amount to the seller or the person concerned for the secondhand loan application.”

C. On November 13, 2017, the Plaintiff’s employee made a telephone conversation with the Defendant. The Defendant sent to the Plaintiff’s employee the following questions: “The instant loan agreement is directly prepared and sealed by the Defendant; “The identification card, certificate of personal seal impression, and resident registration certificate attached to the instant loan agreement is directly submitted by the Defendant; and “The payment of loans is made in a way that the Defendant is transferred to the seller after the transfer to E, which is an affiliated store, and if the Plaintiff’s loan execution is completed, the Plaintiff agreed to the delivery of the vehicle.” The Defendant sent to the Plaintiff’s employee with the loan amount of KRW 36 million.

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