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(영문) 대구지방법원 2017.08.08 2017가단108063
대여금
Text

1. The defendant shall pay to the plaintiff KRW 95,95,484 as well as KRW 94,265,59 among them, per annum from February 23, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit transaction agreement with the Defendant as follows.

- - In addition to the interest rate on overdue interest for each overdue period of 2016-03-18 interest rate of 11.9% per annum on the date of expiration of the extension period of 2016-03-18,000 from the date of extension of 110,000 won for general loan for each subject of credit, 12.9% per annum if the overdue interest period is less than three months, 13% per annum if the overdue interest period is less than three months, 13% per annum if the overdue interest period is more than three months, and 13.1% per annum if it is more than six months.

B. From February 22, 2017, the Defendant lost the benefit of time due to delayed payment of the principal and interest to be paid every month in accordance with the above credit transaction agreement.

C. On February 22, 2017, the balance of the above loan obligations as of February 22, 2017 is as listed below:

On March 18, 2016, each of the statements and the entire purport of the pleadings, as stated in Gap evidence Nos. 1 through 5 (including a Serial number if there is a serial number) of the General Funds Loan 94, 265, 595, 1, 729, 895, 95, 484 / 94 / General Funds Loan 94, 265, 595, and 484 / General Funds Loan 94,265, 595

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 24.8% per annum of the overdue interest rate under the above agreement from February 23, 2017 to the date of full payment (i.e., 11.9%) with respect to the total amount of principal and interest of KRW 95,95,484 and the balance of principal amount of KRW 94,265,595,595.

B. The defendant's assertion that the defendant did not receive the money under the above credit transaction agreement, but considering the contents of Gap evidence 4-1 through 12, Gap evidence 5-1 and 5-2 and the whole purport of the arguments, the defendant concluded the above credit transaction agreement with the plaintiff for the payment of the vehicle purchase price at the request of the spouse B, and the plaintiff paid the loan under the above credit transaction agreement directly to the seller C, a vehicle seller at the request of the defendant. Thus, the defendant's above assertion cannot be accepted.

3. Conclusion.

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