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(영문) 서울중앙지방법원 2019.06.11 2018나42247
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. Facts of recognition;

A. Details of the loan agreement of this case 1) The Defendant Co., Ltd. (hereinafter “C”)

from 2014 to 2014 Jines used vehicles (hereinafter referred to as “instant vehicles”).

(C) The loan agreement between the Plaintiff and E (hereinafter “instant loan agreement”) between the Plaintiff and the Plaintiff on November 10, 2017 through E’s operator F, a partner store for the payment of the purchase price, and the second and second loan agreement between the Plaintiff and the Plaintiff on November 10, 2017, with the interest rate of KRW 35 million per annum, 12.9% per annum, 36 months during the loan period, and 25% at the overdue interest rate.

(2) The Plaintiff’s terms and conditions of the instant loan agreement provide that “The debtor and its joint guarantor, who have applied for a secondhand loan from a financial company on the terms and conditions stated in the application form for a secondhand loan/loan, are to pay the amount of the loan to the seller directly or to the seller through the party concerned, and the financial company pays the amount of the loan to the seller or the person concerned in the secondhand loan application.”

B. 1) During the process of the conclusion of the instant loan agreement, the EF had the speech that the Defendant want to borrow used cars from C, and confirmed the Defendant’s intent to borrow used cars on November 3, 2017, and confirmed the Defendant’s personal information, including resident registration numbers, for credit inquiry. After that, the Plaintiff’s employee confirmed the Defendant’s consent to the Credit Information Inquiry Council for the purpose of lending by phone calls, and the credit information inquiry results indicate that the Defendant was known through E, an affiliated store. 2) The F received the driver’s license, personal seal impression, resident registration certificate, etc. from the Defendant, and the first loan agreement was sent to the Defendant, with the Defendant’s signature affixed by the Defendant’s seal (other than the seal impression) and then, written the instant loan agreement with the Defendant’s seal affixed (other than the seal stamp). On November 10, 2017, the Plaintiff sent it by facsimile.

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