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(영문) 서울중앙지방법원 2013.07.22 2012가단336857
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,389,360 and KRW 22,169,08 among them, 29% per annum from November 9, 2012 to the date of full payment.

Reasons

1. In light of the following facts acknowledged in light of Gap evidence No. 3 (a loan application/agreement, it is reasonable to see that the above application form was a document which confirmed the defendant's direct preparation, delegation, or unauthorized representation) and evidence No. 4 through 11, Gap evidence No. 12-1, and Eul evidence No. 2, and the purport of the entire pleadings as to the cause of the claim, the plaintiff loaned 25,000,000 won to the defendant on January 25, 2012 and set the delayed interest rate of 29%; the defendant lost profits due to the non-provision of a security; the above loan amount of 23,389,360 won as of July 24, 2012; and the principal amount of 22,169,08 won as of July 24, 2012 and the delayed interest rate of 29,200 won as to the principal and interest of the loan of this case to the plaintiff, barring any special circumstances.

2. On the judgment of the defendant's assertion, the defendant alleged that the above loan contract was made at will by demanding that two and C who are the defendant's seat to lend the defendant's name for automobile sale, and that the defendant cannot be held liable for it. However, according to the above evidence, the above loan contract was made with documents that can not be attached without the defendant's cooperation, including a certificate of personal seal impression issued by the defendant himself/herself when preparing the above loan contract. At the time of the preparation of the above loan contract, the plaintiff's employee's personal information, monthly repayment date, mail delivery date, etc. are detailed about the defendant's personal information related to the loan contract, and then the mobile phone certification number is sent to the defendant.

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