(영문) 춘천지방법원 영월지원 2018.08.08 2018가단10444

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(영문) 춘천지방법원 영월지원 2018.08.08 2018가단10444

대여금

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1. The Defendant shall pay to the Plaintiff the annual amount of KRW 159,539,029 and KRW 158,574,056 from May 26, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 6, 2017, the Plaintiff entered into a mid-term loan agreement with the Defendant (purchase fund and operating fund) with the following content, and loaned KRW 243,00,000 on November 8, 2017.

(hereinafter referred to as the “instant loan agreement”). Amount of loan: 243,00,000 won loan interest rate of 60 months: 7.9% overdue interest rate of 7.9%: 25% guarantee condition: Limited collateral security for motor vehicles (for secured motor vehicles: Ba No. 282 (hereinafter referred to as the “instant vehicle”).

[3] A special contract for the loss of a benefit of time: In the event a special contract for the loss of a benefit of time has not been made within 30 days from the date of payment of the loan, if the pertinent goods are registered under the name of the principal and the mortgage is not established with the first priority of the plaintiff, the loan, the relevant interest, damages for delay and

B. On December 12, 2017, the Plaintiff notified the Defendant that the instant vehicle did not register the instant vehicle under the Defendant’s name until 30 days from the date of loan execution, and that the Defendant lost the benefit of time under the special agreement on loss of the benefit of time under the instant loan contract.

C. The Defendant’s debt amount under the instant loan agreement as of April 27, 2018 is KRW 159,539,029, in total, KRW 158,574,056, interest958,386, and damages for delay 6,587.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. According to the facts found in the judgment on the cause of claim, since the Defendant lost the benefit of time due to the Defendant’s violation of the obligation to register the instant vehicle and to create collateral mortgage, it is obligated to pay the Plaintiff the interest of KRW 159,539,029 and the interest of principal and interest of interest of KRW 158,574,056, which the Plaintiff seeks from May 26, 2018 to the date of full payment, 25% per annum as stipulated in the instant loan agreement.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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