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(영문) 부산지방법원 2015.02.05 2014가단72087
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,925,30 as well as KRW 21,298,270 as to the Plaintiff’s KRW 22,925,330 from September 12, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 31, 2014, the Plaintiff extended a loan to the Defendant by setting the period of KRW 22 million as installment financing item to 48 months as installment financing item and the interest rate of arrears at 25% per annum.

B. As to the above loan, the Defendant did not pay installments and interest on June 21, 2014 and lost the benefit of time on August 22, 2014.

C. The outstanding principal as of September 11, 2014 is KRW 21,298,270, and the sum of interest, delay damages, and fees is KRW 1,627,060.

[Reasons for Recognition: Each entry of Gap evidence 1 to 6, the purport of the whole pleadings]

2. Determination

A. According to the facts found in the above 1.1., the defendant is obligated to pay to the plaintiff 22,925,30 won (=21,298,270 won) and damages for delay at the rate of 25% per annum, which is the overdue interest rate from September 12, 2014 to the date of full payment.

B. As to this, the defendant asserts that if B lends the name of the debtor to the defendant, he would have paid the defendant's obligation during the process of purchasing a motor vehicle, he would have signed and sealed the defendant's obligation to the debtor's column of the evidence No. 2 (a used vehicle installment financing agreement) and there is no real vehicle or money received, and that the plaintiff's assertion

However, even if the Defendant applied for installment financing to the Plaintiff as he was at the end of B, since the Plaintiff’s operation of installment financing was conducted without knowledge of such circumstances, the Defendant cannot set up against the Plaintiff due to such circumstances.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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