(영문) 수원지방법원성남지원 2015.08.28 2014가단217500

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(영문) 수원지방법원성남지원 2015.08.28 2014가단217500

대여금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 19, 2014, Defendant A entered into a loan agreement with the Plaintiff on the following terms: (a) for the purpose of purchasing the Plaintiff’s DabX212 40 passenger buses (hereinafter “the instant bus”); (b) for the loan period of KRW 119,00,000; (c) 60 months; (d) interest rate of KRW 11.9% per annum; (d) interest rate of KRW 25% per annum; (e) monthly principal and interest of KRW 2,641,080; and (e) Defendant B jointly and severally guaranteed the Defendant A’s obligation.

Article 1 (Scope of Application) (1) of the General Terms and Conditions for Credit Transactions (Scope of Application) applies to all forms of leasing of facilities between the financial company and the debtor (such as lessee, user of installment financing, borrower, discount applicant, and applicant for payment guarantee; hereinafter the same shall apply), installment financing, loan, factoring, discount on bills, payment guarantee, foreign exchange and other loans.

4. He/she shall comply with the terms and conditions unless otherwise specified in the terms and conditions.

Article 8 (Duty to Pay Obligations before Due Date) (1) In any of the following cases with respect to a debtor, the debtor shall, as a matter of course, immediately lose the interest of all obligations to the financial company (including the occurrence of a prior indemnity obligation in a payment guarantee transaction; hereinafter the same shall apply) even if there is no demand, notice, etc. from the financial company, even if there is no demand, notification, etc. from the financial company:

In the event a debtor files an application for installment financing with a financial company to pay all or part of the purchase price of a vehicle to the seller on behalf of the debtor, subject to the terms and conditions stated in the application for the loan/loan Clause of Article 1 (Application for and Entrustment of Payment of Loans for High-Tech Loans) of the Terms and Conditions for High-Tech Loans on behalf of the debtor.

B. The Plaintiff and the Defendants also enter into the instant loan transaction agreement.

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