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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination
A. On January 28, 2014, the Plaintiff asserted that the Plaintiff entered into a credit transaction agreement under which KRW 34,000,000 was to be lent to the Defendant for a period of 60 months of loan and at a rate of 7.9% per annum (hereinafter “instant credit transaction agreement”).
At the time, the defendant has agreed to lose the benefit of time and to pay damages for delay calculated by applying 24% per annum to all the obligations related to the remaining principal and all obligations.
However, by violating the obligation to repay loans under the above credit transaction agreement, the Defendant lost the benefit of time as of March 24, 2014.
Therefore, the defendant is obliged to pay the principal of the loan and its delay damages to the plaintiff.
B. We examine the judgment, as evidence consistent with the plaintiff's assertion, the loan application form Nos. 2-1 and 2 contains the defendant's seal, and there is no dispute between the parties that the following stamp image after the defendant's name stated in each of the above loan application form is made with the defendant's seal, but considering the whole purport of the argument in the statement Nos. 1 through 6, 8, 11, and 12 (including a serial number) as a whole, the defendant takes over D from the company B to the company as a partnership business and takes over D from the company B to the office of E certified judicial scrivener, while the defendant takes over the company as an officer's change and business takeover for the company's acquisition. However, it is impossible to recognize that Eul's land name purchased a rocketing vehicle under the defendant's name and entered into the loan transaction contract of this case under the defendant's name by using the defendant's seal imprint affixed between the plaintiff and the defendant's seal imprint, and there is no counter-proof, so long as there is no evidence to acknowledge that the defendant's right to seal as above.
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