(영문) 전주지방법원 2017.04.05 2016나3518 | 리걸엔진

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(영문) 전주지방법원 2017.04.05 2016나3518

대여금

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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. The scope of this Court’s trial on February 6, 2015 claimed against the Defendant for the payment of KRW 13,630,498 as loans of KRW 12,905,934 as well as damages for delay from August 21, 2015 as loans of KRW 10,896,374 as of April 3, 2015, and damages for delay from August 21, 2015 as of KRW 10,368,309 as of KRW 10,368,30 as of KRW 10,309 as of the loans of this case (hereinafter “the loans of this case”); the court of first instance accepted a claim for the loans of KRW 13,630,49 as of February 6, 2015; and the claim for the loans of this case is dismissed only by the Plaintiff, and thus, the scope of the court’s appeal on the loan of this case is limited to the part of this case.

2. Determination on the claim for the instant loan

A. On April 3, 2015, the Plaintiff: (a) on April 3, 2015, the Defendant: D 2012 motor vehicle (the instant loan agreement; hereinafter “instant motor vehicle”).

(1) The Defendant agreed to repay the principal and interest of the instant loan in equal installments on April 3, 2015 (as of August 20, 2015, the balance of the loan (as of August 20, 2015) remaining after the loan (as of August 20, 2015) as follows. The Defendant agreed to repay the instant loan in equal installments by 10,60,000 won (as of March 20, 2018) (as of March 20, 2015, KRW 10,368,309 KRW 15.9%, KRW 27.9%,896,374 won) on the 20th of each month, but the Defendant failed to pay the Plaintiff installment from May 20, 2015.

3) Accordingly, on August 20, 2015, the Plaintiff notified the Defendant that the interest during the term of the instant loan was lost due to the Defendant’s delay in payment of the principal and interest repaid in installments on at least two consecutive occasions, and filed a claim for full repayment of the principal and interest of the loan. [In the absence of any dispute over the grounds for recognition, each of the entries in the evidence No. 1-2 and No. 2-1 and No. 2-2, and the purport of the entire pleadings.

B. In light of the basic facts of determination as to the cause of the claim, unless there are special circumstances.

유사 판례

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