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(영문) 대구지방법원김천지원 2015.11.26 2015가단32024
대여금
Text

1. The defendant,

A. As to KRW 18,042,466 and KRW 17,767,290 among the Plaintiff, the Plaintiff shall be from May 26, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 10, 2014, the Plaintiff entered into a loan agreement with the Defendant for each new car purchase [the second loan agreement, and the number B (hereinafter “the first loan agreement of this case”)] with each new car purchase agreement setting at 23,700,000 won of each loan principal, 48 months of loan period, 10.50% of loan interest rate, 24% per annum at an overdue interest rate of 24%.

) C (hereinafter referred to as “the second loan contract of this case”)

(3) The Plaintiff entered into a contract.

B. As of May 25, 2015, the Defendant lost its interest on May 25, 2015 due to the Defendant’s failure to repay the principal and interest of the instant loan agreement. As of May 25, 2015, the instant loan agreement remains in a state where the obligation of “principal KRW 17,767,290, interest KRW 304,701, interest KRW 10,715,” and the instant loan agreement remains in a state where the obligation of “principal KRW 17,767,290, interest KRW 307,90, KRW 10,715,” respectively.

C. On July 17, 2015, after the filing of the instant lawsuit, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claim against the Defendant under the instant loan agreement, and sent the notification of the assignment of claims by content-certified mail on August 9, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the ground of the claim by the plaintiff and the plaintiff succeeding intervenor

A. Under the loan contract of this case, the Defendant sought payment of KRW 18,042,466, as the Plaintiff sought from the Plaintiff as a debt for a loan under the loan contract of this case, the sum of principal, interest, and damages for delay as of May 25, 2015 under the loan contract of this case, and KRW 18,082,706, or the Plaintiff seeking payment of KRW 18,042,466.

There is an obligation to pay damages for delay calculated by the rate of 24% per annum from May 26, 2015 to the date of full payment with respect to KRW 17,767,290 among them.

B. The Defendant against the Plaintiff’s Intervenor KRW 18,085,971 and its KRW 17,767,290 out of the loans under the instant second loan contract.

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