(영문) 대구지방법원서부지원 2017.05.31 2016가단59741

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(영문) 대구지방법원서부지원 2017.05.31 2016가단59741

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 81,291,977 and KRW 67,904,860 from December 1, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On August 20, 2014, the Plaintiff, a credit union engaged in financial business, etc., made a loan (e.g., equal repayment of the principal and interest) by setting the amount of interest of KRW 16 million to the Defendant at 9% per annum (the interest rate of delayed damages shall be 8% within 30 days in arrears, 10% within 30 days in arrears, 12% in case of exceeding 90 days in arrears, and 12% in case of exceeding 90 days in arrears) and the due date for payment as of August 20, 2017, and the Defendant created a mortgage on tourist buses owned by the Defendant (A large-sized vehicles; hereinafter “the instant vehicle”).

B. On April 28, 2015, the Defendant delayed the repayment of the above loan, and on April 28, 2015, the Defendant drafted a written confirmation to deliver the instant vehicle to the Plaintiff in the event of delinquency in payment of the loan.

C. Nevertheless, the Defendant continuously delayed the repayment of the loan and lost the benefit of time around September 20, 2015, and on October 28, 2015, the Plaintiff received delivery of the instant vehicle in accordance with the said written confirmation and kept it in the Daegu-gu Dongdongdong-gu and Simsan-si, Busan-si, Busan-si, etc.

On April 8, 2016, the Plaintiff filed an application for the auction of the instant vehicle (Seoul District Court Western Branch B), and on April 20, 2016, the court revoked the decision to commence auction and notified the Defendant of the acceptance of the instant vehicle.

E. As of November 30, 2016, the Defendant’s failure to repay the Plaintiff the loan principal of KRW 67,904,860, and delay damages of KRW 13,387,117, and KRW 81,291,97, as indicated in the “the calculation of the loan interest” as indicated in the attached Table.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 11, Eul's 1 and 2 (including each number in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendant borrowed KRW 16 million from the Plaintiff.

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