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1. The Defendant’s KRW 40,990,188 with respect to the Plaintiff and the ratio of KRW 24% per annum from August 26, 2014 to the full payment.
Reasons
1. Basic facts
A. On May 29, 2014, the Plaintiff entered into a loan agreement with the Defendant to purchase A4 vehicle A4 vehicle A, with an interest rate of 7.38% per annum, 24% per annum, and 60-month principal and interest repayment method (one time every 25th day of the month shall be KRW 813,280, and two times through sixty times each month shall be repaid in 842,400) (hereinafter “instant loan agreement”), and loaned KRW 4,216,00 to the Defendant.
B. From August 25, 2014, the Defendant lost the interest due to the delayed repayment of the principal and interest. As of August 25, 2014, the loan principal that the Defendant failed to pay is KRW 40,990,188.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. Determination:
A. According to the above facts, according to the judgment on the cause of the claim, the Defendant is liable to pay to the Plaintiff the amount of KRW 40,990,188 of the outstanding principal of the loan and damages for delay at the rate of 24% per annum from August 26, 2014 to the date of full payment.
B. The Defendant alleged that the Defendant was not responsible for receiving a vehicle security loan from the Plaintiff. However, the Plaintiff voluntarily delivered his/her certificate of personal seal to B, etc. for the purpose of vehicle security loan and entering into the loan contract of this case, and he/she was given a telephone call from the Plaintiff to verify the Plaintiff’s preparation of the loan contract, loan and amount, loan terms and conditions, and purchase of vehicles. According to the evidence No. 2, No. 4, and No. 5 of this case, the Defendant received the loan of this case and attached a vehicle number at the office of registration of the vehicle of this case and immediately attached the vehicle number at the office of registration of the vehicle of this case by purchasing the vehicle of this case, and immediately moved the vehicle to a vehicle of this case with D, and then sold the vehicle of this case.