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(영문) 부산지방법원 2014.12.04 2014나44915
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. According to the overall purport of Gap evidence No. 1 and No. 4 of the judgment as to the cause of the claim, the defendant entered into a credit transaction agreement with the Busan Savings Bank on September 30, 2009 with a limit of 35,000,000 won, and with a maturity of 21% per annum on September 30, 2010, and with a interest rate of 27,502,359 won as of October 26, 2010, and received loans with a total of 31,118,445 won until October 26, 2010. The principal and interest of the above credit transaction agreement under the above credit transaction agreement are 31,118,45 won as of January 12, 2014; interest rate of 21,028,954 won under the above agreement; and interest rate of 52,147,399 won as of September 21, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from January 13, 2014 to the day of full payment, as to the principal and interest of KRW 52,147,39 under the above credit transaction agreement and KRW 31,118,45 among the principal and interest of KRW 31,18,45.

2. The defendant's assertion that the above credit transaction agreement was concluded under the name of the defendant because the company B requires a loan in purchasing real estate under the name of the defendant, but there is no evidence to acknowledge the defendant's above assertion. Thus, the defendant's above assertion is without merit.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

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