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(영문) 인천지방법원 부천지원 2017.03.08 2015가단29840
대출금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 20, 2012, the Plaintiff, who is operating the installment financing service business in the name of “C”, entered into a business agreement with the Defendant (hereinafter “instant business agreement”). The main content of the said agreement is to guide or act on behalf of the buyer for filing an application for installment financing through the Plaintiff when the purchaser of the Defendant’s goods wishes to obtain a loan of money equivalent to the purchase price from Samsung Card Co., Ltd. (hereinafter “T”) and to obtain a loan from the buyer of the said goods, the Plaintiff and the Defendant provide for the obligations between the Plaintiff and the Defendant in the process.

B. On November 28, 2012, the Defendant: (a) decided D to sell goods on a premium rate of KRW 23,373,70 (excluding value-added tax) (hereinafter “instant equipment sales contract”); (b) obtained a loan equivalent to the amount of Samsung Card from the Plaintiff through the Plaintiff’s defect that D was not capable of paying the said equipment sales price; and (c) made a installment payment agreement with KRW 20,000,000 of the Samsung Card and its loan amount of KRW 20,000 on November 28, 2012 (hereinafter “instant equipment sales agreement”); and (d) concluded a monthly interest rate of KRW 19,00 per annum, 29,000 per annum, monthly interest rate of KRW 1,00 per annum, monthly repayment agreement amount of KRW 1,008,172, and first payment date: the name of the Plaintiff on December 21, 2012; and (d) the name of the Plaintiff on December 21, 2014

At this time, the plaintiff jointly and severally guaranteed the installment financing loan obligation of D's Samsung Card.

C. The Defendant received the down payment of KRW 1,000,000 from D as the price for the sale of the foregoing equipment, and KRW 17,000,000 out of the loans received from Samsung Card on November 30, 2012.

Meanwhile, Samsung Card was actually paid to D 19,80,000 won after deducting 1% of the pre-employment fee from KRW 20,000,000. However, the Plaintiff paid to the Defendant the remainder of KRW 17,000,000 after deducting 2,80,000 from the fee.

The defendant is D out of the purchase price of the instant equipment sales contract.

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