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(영문) 서울중앙지방법원 2019.05.24 2018가단5063279
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 53,602,219 as well as KRW 45,346,469 from March 29, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On November 8, 2017, the Defendant purchased the instant vehicle from C Co., Ltd. (hereinafter “C”), and entered into a mid-term loan agreement (hereinafter “the instant loan agreement”) with the Plaintiff, through E’s manager F, a partner store, to pay the purchase price. On November 8, 2017, the Defendant entered into a loan agreement with the Plaintiff at the rate of KRW 50 million per annum, 12.9% per annum, 36 months of the loan period, and 25% of the overdue interest rate (hereinafter “instant loan agreement”).

B. The Defendant, on the date of the loan, divided into G and telephone conversations with the Plaintiff’s employees, and the Plaintiff applied for the loan at the time of purchasing the instant vehicle. The Defendant knew of the content of the loan agreement, and the payment of the loan is made by means of remitting it to E, an affiliated store, and the Plaintiff’s loan execution is made by means of remitting it again to the seller. On the completion of the Plaintiff’s loan execution, the Defendant

C. Article 1 of the terms and conditions of the Plaintiff’s loan agreement applicable to the instant loan agreement provides that “A debtor and his/her joint guarantor who have applied for a secondhand loan from a financial company on the terms and conditions stated in the application form for a secondhand loan/loan will directly pay the amount of the loan to the seller on behalf of the principal, or commission the financial company to pay the amount of the loan to the seller through the relevant party applying for a secondhand loan, and the financial company pays the amount of the loan to the seller or the related party applying for a secondhand loan.”

On November 8, 2018, the Plaintiff remitted 50,000,000 won of loans to F’s account under F’s name. The F, as requested by C on the same day, remitted the said money to F’s parent and H’s account under the name of C and C’s auditor.

E. Meanwhile, the Defendant lost the payment of the principal and interest of loans under the foregoing loan agreement from December 2017, thereby failing to comply therewith, and was still unredeemed as of March 28, 2018.

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