logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.04.13 2016가단98498
대출금
Text

1. The Defendant shall pay to the Plaintiff KRW 28,738,230 as well as KRW 28,102,90 among them, from July 28, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 21, 2016, the Plaintiff and the Defendant concluded a loan agreement on a mid-to long-term debate (hereinafter “instant loan agreement”) with the content of lending the purchase fund of used cars (BMW730D) to be purchased by the Defendant under the following conditions:

(1) The loan principal amount of KRW 30,000,000 per annum, the agreed rate of KRW 14.4% per annum, the overdue interest rate of KRW 25% per annum, and the overdue interest rate of KRW 825,820 per annum for the 48-month period, shall be repaid in equal installments with the loan principal of KRW 15,00,000 per annum for the automobile purchased to secure the loan obligation.

B. According to the credit transaction basic terms and conditions, loans cannot be used for purposes other than those stipulated in the loan agreement of this case, and if they are violated, they lose the benefit of time (Article 5 and Article 8(3)4). While the loans were executed, the Defendant did not purchase automobiles and did not perform the procedure of establishing collateral security under the loan agreement of this case.

C. On April 21, 2016, the Plaintiff urged the Defendant to pay the full amount of principal and interest on the ground of the loss of the benefit of time. On July 27, 2016, the principal and interest unpaid as of July 27, 2016 are the principal and interest of KRW 28,102,90, interest of KRW 66,340, fee of KRW 568,990, total of KRW 28,738,230.

[Grounds for Recognition: Evidence A (including paper numbers), the purport of whole pleadings]

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the sum of the principal and interest unpaid to the plaintiff and the damages for delay calculated by the overdue interest rate on the principal among them.

B. As to this, the Defendant renounced the purchase of a vehicle and revoked the contract due to a vehicle defect, but became aware of the fact that the loan was paid to the Drrr, and demanded the repayment of the loan, and C is only a vindication.

arrow