logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.23 2013가단57376
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 57,742,519 and the interest rate of KRW 27.9% per annum from June 19, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant, around July 24, 2013, decided to purchase a 4.5 tons freezing truck between B and the Defendant Company B (hereinafter “B”). However, B did not actually possess the relevant vehicle.

B. Loan agreement 1 between the Plaintiff and the Defendant 36 months of July 29, 2013 through C (Representative D) (the Plaintiff’s partnership), interest rate of 15.9% per annum, delay damages rate of 27.9% per annum, and interest and interest equal installment repayment (the monthly payment of 2,106,471 won), respectively. The Plaintiff agreed to provide the said vehicle as security (hereinafter “instant loan agreement”).

A) In addition, the Defendant completed the registration of a vehicle within thirty (30) days from the date of payment of the loan, and entered into a special agreement on loss of the term of interest to pay both the loan, interest, and delay damages by losing the benefit of the period if the Plaintiff did not set the first-class collateral security right under the Plaintiff’s name. (2) When entering into the instant loan agreement, the Defendant affixed a seal on the power of delegation stating that the remainder of KRW 59,965,00,000, which is equivalent to half of the stamp tax amount under the Stamp Tax Act, can be deposited into B’s account.

3) The Plaintiff remitted KRW 59,965,00 to D on the same day, and D immediately deposited it into B’s account. C. B did not deliver the said money to A even after receiving the remittance, and A did not pay the monthly payment for the installment repayment of the principal and interest pursuant to the instant loan agreement.

2) E and F, who operated B, were indicted as a crime of fraud upon D’s complaint, merged with other loan fraud cases, and tried in the first instance trial, E is sentenced to two years of imprisonment, and F is sentenced to eight months of imprisonment (Seoul Northern District Court Decision 2013Da2867, Seoul Northern District Court Decision 2013Ma2867, 2014Ma506, 873, 1650 (combined), and 1650 (Consolidated). The appellate court further agreed with the victims of other loan fraud cases, thereby suspending the execution of community service condition.

arrow