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(영문) 서울중앙지방법원 2016.11.16 2016가단43252
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 72,161,358 and the amount of KRW 69,274,416 from November 3, 2015 to the date of full payment.

Reasons

1. The grounds for the attached Form of the judgment on the grounds for the claim (Provided, That the creditor is the plaintiff, the debtor is the defendant) are not disputed between the parties, or can be recognized in full view of the entries in the evidence Nos. 1 through 8 and the purport of the whole pleadings. Thus, the defendant is obliged to pay to the plaintiff delay damages calculated at the rate of 23.9% per annum, which is the overdue interest rate, from November 3, 2015 to the date of full payment, for the total sum of the principal and interest on the loan and the amount of KRW 72,161,358 and the principal and interest on the loan of KRW 69,274

2. Judgment on the defendant's defense

A. As to the defense of revocation by deception, the defendant entered into a loan contract with the plaintiff around October 2014 in order to purchase the truck with the non-party B, who is a middle and high-ranking driver. B, in order to acquire the truck price, by deceiving the defendant without the intention to deliver the truck, and the non-party C, who is an employee of the plaintiff company, entered into a loan contract with the defendant without the intention to deliver the truck. The non-party C, who is an employee of the plaintiff company, knowingly, entered into the loan contract with the defendant pursuant to Article 110 (2) of the Civil Code. However, it is insufficient to recognize the above loan contract only by the descriptions of the evidence in subparagraphs B and 3, and there is no other evidence to acknowledge

B. The Defendant’s defense of refusal of payment under an indirect installment contract also constitutes an indirect installment contract under Article 2 subparag. 1 (b) of the Installment Transactions Act between the Plaintiff and the Plaintiff, and the Defendant’s defense that the Plaintiff refuses to pay the installment that the Plaintiff seeks pursuant to Article 16(1)3 of the said Act, and thus, the indirect installment contract under Article 2 subparag. 1 (b) of the Installment Transactions Act is concluded between the credit provider and the buyer in addition to the sales contract between the seller and the buyer, on the premise of the existence of the three parties, such as the seller, the buyer, and the credit provider.

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