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(영문) 부산지방법원 2016.06.28 2015가단221688
대여금
Text

1. As to KRW 35,617,260 and KRW 34,723,726 among the Plaintiff, the Defendant is 25% per annum from October 1, 2015 to the full payment.

Reasons

1. Basic facts

A. On September 3, 2014, the Plaintiff loaned KRW 49,000,00 to the Defendant for a period of thirty (30) months after the due date, and the interest would be 10.9% per annum (25% per annum for delay damages) pursuant to the basic terms and conditions of credit transactions, but would lose the benefit of time after the lapse of thirty (30) days after the due date.

(hereinafter “instant loan agreement”). B.

On April 10, 2015, the Plaintiff was unable to repay interest on the instant loan, thereby losing the benefit of the period on May 13, 2015.

C. As of September 30, 2015, the balance of the instant loan is KRW 35,617,260 (the principal amount among them is KRW 34,723,726).

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 10, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to repay the loan of this case to the plaintiff, unless there are special circumstances.

B. The defendant asserts that the loan of this case is null and void as it is based on the false agreement, since it was formally prepared and implemented upon the request of the plaintiff's staff, which is necessary in order to avoid the application of the lending limit per capita in the lending of a motor vehicle by Aranc City Tourism as security.

In order to establish a false agreement, there should be an agreement between the other party and the other party as to the disagreements, and if a third party directly puts his/her signature and affixes his/her seal on loan-related documents, such as a letter of loan for consumption, etc., if the third party directly puts his/her name and affixes his/her seal on the financial institution as the debtor of the loan for consumption, the third party has expressed his/her own name on the financial institution, and the third party has

Even if the principal and interest are to be repaid at the expense of another person, barring any special circumstance, this is intended to vest economic effects under a loan for consumption in another person.

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