(영문) 수원지방법원 2020.05.14 2020가단509719

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(영문) 수원지방법원 2020.05.14 2020가단509719

대여금

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1. The defendant shall pay to the plaintiff the amount of KRW 47,096,198 and KRW 45,826,00 among them, from October 25, 2019 to the day of full payment.

Reasons

1. Basic facts

A. On February 13, 2019, the Plaintiff entered into an agreement with the Defendant on the medium- and long-term debate with the Defendant, and set KRW 50,000,000 to the Defendant on a 48-month equal installment repayment of the principal and interest, interest rate of 11.9% per annum, and interest rate of delay interest rate of 14.9% per annum.

B. From September 1, 2019, the Defendant lost the benefit of time by delaying the repayment of the principal and interest, and the principal and interest as of October 24, 2019 are KRW 47,096,198. Of them, the principal and interest are KRW 45,826,07.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the interest accrued at the rate of 14.9% per annum, which is the delayed interest rate, from October 25, 2019 to the date of full payment, with respect to the amount of KRW 47,096,198, and the principal amount of KRW 45,826,007, which shall be paid to the Plaintiff.

On the other hand, the defendant asserts that the loan of this case was obtained by C's fraudulent act, and that the plaintiff also knew that it is difficult to recover the loan in light of the defendant's age, income, and second and second prices, etc., so the claim of this case is unjust.

In a case where a third party made a fraud or coercion with respect to the declaration of intention of the other party, the declaration of intention may be cancelled only when the other party knew or could have known such fact. Even if a family C committed a fraud to the defendant, the evidence alone presented by the defendant is insufficient to recognize that the other party knew or could have known such fact, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the defendant's above argument.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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