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(영문) 인천지방법원 2015.06.25 2014가단257669
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 27,937,271 and KRW 27,045,847 among them, from October 11, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On April 8, 2014, the Plaintiff entered into a loan agreement with the Defendant on a set of 28,900,000 won for the loan principal, 36 months for the loan period, 18.40% per annum, 36 months for the loan period, and 29.00% per annum for the interest rate for delay. The Plaintiff borrowed 28,90,000 won to the Defendant on the same day.

B. The Defendant failed to repay the principal and interest of loans, thereby losing the benefit of October 1, 2014, and the Defendant’s obligation details as of the same day are as follows.

[Ground of recognition] Facts without dispute, evidence A1 through 6, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 27,937,271 won of the principal and interest of the loan and 27,045,847 won of the principal and interest of the loan from October 11, 2014 to the date of full payment.

B. As to the judgment on the Defendant’s assertion, the Defendant: (a) attached the Defendant to the document 2; and (b) the Defendant did not conclude a loan contract with the Plaintiff; (c) based on the evidence, the Defendant signed and sealed the Plaintiff Company’s loan application form; and (d) recognized the fact that the Plaintiff submitted a copy of the passbook, certificate of personal seal impression, identification card, and resident registration certificate; (b) it is insufficient to recognize the fact that the Defendant entered into a loan contract with the Plaintiff; and (c) it is insufficient to recognize that the Defendant did not conclude a loan contract with the Plaintiff on the sole basis

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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