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(영문) 대구지방법원 서부지원 2021.01.14 2020가단51218
손해배상(기)
Text

The defendant shall pay to the plaintiff A KRW 36,000,000 as well as 9.9% per annum from April 9, 2018 to March 16, 2020 and from the next day.

Reasons

1. Judgment on the plaintiff A's claim (citement)

A. The facts of recognition 1) On April 9, 2018, Plaintiff A decided to purchase knife vehicles from the Defendant, a mid-to long-term with D Capital, and the purchase price, upon the Defendant’s proposal, was first granted a loan from D Capital, and the Plaintiff received a loan from D Capital, and thereafter, the Defendant agreed with the Defendant that the Defendant would process the loan from D Capital (hereinafter “the above agreement”).

2) In accordance with the above agreement, the Plaintiff entered into a loan agreement between D Capital and D Capital on the same day (as of April 9, 2018), with the principal amount of KRW 36,000,000, interest of KRW 9.9%, and the equal payment method of principal and interest (payment of principal and interest each month), and the Defendant received the entire amount of the loan.

After that, even if the Plaintiff received the E loan, the Defendant did not process D Capital Loans in accordance with the above agreement.

In addition, on October 1, 2019, the defendant prepared a loan certificate with the content that the defendant shall pay the above loan principle to the plaintiff and agreed to do so.

[Ground of recognition] Unsatisfy, Gap 3 and 4 evidence, Eul 1 evidence, the purport of the whole pleadings

B. According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 9.9% per annum from April 9, 2018 to March 16, 2020, which is service day of the complaint from April 9, 2018, and 12% per annum from the next day to the day of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2) As to this, the Defendant repaid approximately KRW 15,00,000 out of the loan principal of D Capital.

One of the arguments, there is no evidence to acknowledge it, and the defendant's argument is without merit.

2. Determination as to the plaintiff B's claim (citement)

A. On June 2018, Plaintiff B decided to obtain a loan of KRW 10,000,000 on the security of the vehicle through the Defendant, a mid- and long-term withstanding vehicle with which the Defendant was a endurr.

However, at the time, the defendant set up a security amount in excess of the above money and there is no intention or ability to pay the excess amount.

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