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(영문) 서울중앙지방법원 2020.09.10 2017가단5179276
대여금
Text

1. The defendant shall pay to the plaintiff KRW 205,455,305 and the amount of KRW 193,80,000 among them shall be from May 30, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that conducts installment financing business, etc., and the defendant is a company that conducts the secondhand trading business.

B. On March 28, 2016, D, a non-registered director of the Defendant, through the Plaintiff’s employee E in the name of the Defendant, concluded an inventory financial limit transaction agreement (hereinafter “instant agreement”) whereby the Plaintiff loans the Plaintiff as collateral for the difference of the purchase price of used cars purchased between the Plaintiff and the Defendant for a used car sales business.

C. At the time of the instant agreement, F, as a representative director of the Defendant’s intra-company director, was bound by the withdrawal of the suit.

A. D delegated D with the authority to perform duties as the representative of the defendant, including the conclusion of the instant agreement, and accordingly D has been actually managing the defendant company.

In accordance with the instant agreement, the Plaintiff loaned KRW 950,00,000 to the Defendant within KRW 117 times within the financial limit of KRW 200,000,000,000, which was set at 5.5% or 11% of the loan interest rate and 25% of the overdue interest rate, but the Defendant failed to repay the principal amount of KRW 193,80,000 as of May 29, 2017, notwithstanding the expiration of the loan period, as of May 29, 2017.

[Ground of recognition] The facts without dispute, Gap 1 through 9 (including a branch number if there is a serial number)'s entries, the purport of the whole pleadings (the defendant asserts that Gap 1 was forged, but as seen earlier, D was prepared within the scope of authority delegated by the defendant's representative F, so the above argument is without merit).

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed overdue interest calculated at the rate of 25% per annum from May 30, 2017, which is the following day of the above base date to the day of full payment, for the amount of KRW 205,45,305 (=interest of KRW 193,80,000, interest of KRW 2,384,278, interest of KRW 9,271,027) and the principal amount of KRW 193,80,000.

3...

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