(영문) 서울북부지방법원 2015.09.22 2014나21692

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(영문) 서울북부지방법원 2015.09.22 2014나21692

대여금

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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. Determination on the cause of the claim

A. (1) Around April 2013, the Defendant entered into a sales contract with the Defendant to purchase the instant used cars owned by the said Company (hereinafter “instant cars”) by means of the brokerage of all the Co., Ltd., Ltd.’s general installment.

(2) In order to pay the purchase price of the instant vehicle, the Defendant entered into an agreement with the Plaintiff on April 27, 2013, stipulating that the period of loan of KRW 29,900,000 from the Plaintiff shall be 36 months, interest rate shall be 25.40% per annum, interest rate shall be 29% per annum, and repayment method shall be “the method of repayment in installments of the principal and interest per month” (hereinafter “the instant loan agreement”). Accordingly, the Plaintiff transferred the instant loan to the selling company or partnership store for the purchase price of the instant vehicle and paid KRW 29,90,000 to all of the stock companies on April 27, 2013.

(3) After doing so, the Plaintiff paid the principal and interest of the loan only until August 20, 2013; thereafter, the Plaintiff lost its interest due to failure to pay the said principal and interest of the loan; and on September 26, 2013, the balance of the principal and interest of the loan as of September 26, 2013 is KRW 28,172,07, interest 1,173,863, interest 1,863, compensation for delay 35,25, total of KRW 29,381,125.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29% per annum, which is the overdue interest rate from September 27, 2013 to the date of full payment, with respect to KRW 29,381,125, and the principal of the loan, and KRW 28,172,007, which is the loan principal, to the Plaintiff, unless there are special circumstances.

2. The defendant's assertion and judgment

A. On the assertion that the loan agreement of this case is null and void, the defendant of this case's loan agreement is based on the existence of the automobile of this case.

유사 판례

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