(영문) 대구지방법원 2011.06.10 2011나2980 | 리걸엔진

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(영문) 대구지방법원 2011.06.10 2011나2980

대여금

Text

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 as to the cause of claim

(a) If the facts in dispute between the parties and the evidence A, and the whole purport of the pleadings is added to the entries in the evidence B Nos. 1 to 4 and 2, the following facts may be acknowledged:

1) The Defendant is from October 27, 2005, C Ecuas used vehicle from B (hereinafter “instant used vehicle”).

(2) On October 28, 2005, the Plaintiff Company concluded a contract to purchase KRW 23 million with the Defendant to lend KRW 20 million to the Defendant under the following conditions. However, if the Defendant, who is a debtor, did not pay monthly installments at least twice, and the amount not paid exceeds 1/10 of the loan, the Defendant would lose the payment due date and would be obliged to pay the debt immediately. However, the Plaintiff Company shall notify the obligor of the fact that the repayment was delayed until three business days prior to the date of loss of the due date and that the interest would be lost, and if it fails to notify the obligor by not later than three business days prior to the date of loss of the due date, the Plaintiff Company would lose the payment due date at the expiration of five business days prior to the date of actual notification and would have made an agreement to pay the principal and interest at the rate of equal interest rate of KRW 30% per annum, 200, 2000 per annum: 36% per annum: 200 per annum: 200 per annum.

3) Under the instant agreement, the Defendant borrowed KRW 20,00,000 from the Plaintiff Company, but did not pay monthly installments even after receiving demand from the Plaintiff Company from January 23, 2006. As of July 15, 2010, the principal and interest of the loan and the damages for delay thereon, which were not paid by the Defendant, are KRW 44,706,674 ( principal principal and interest 19,249,618, interest 1,583,469, interest 23,873,587).

B. According to the above facts of recognition, there are no special circumstances.

유사 판례

-대구지방법원 2011.06.10 2011나2980

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