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1. The defendant shall pay to the plaintiff the amount of KRW 79,757,179 and the amount of KRW 77,532,478 from August 3, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On March 13, 2018, the Plaintiff, via D, a senior trading company at the end of the business year, deposited the loan amount of KRW 80 million to the Defendant into a new bank account in the name of L/C in the name of L/C, the loan period of KRW 48 months (e.g., equal repayment of the principal and interest), the agreement rate of KRW 14.9% per annum, and the overdue interest rate of KRW 24.0% per annum. E300 (hereinafter “instant vehicle”). On the same day, the Plaintiff deposited the loan into a new bank account in the name of L/C in the name of L/C, with the authorization of the Defendant.
B. On March 19, 2018, the instant motor vehicle was completed in the Defendant’s name, and the Plaintiff created a mortgage on April 11, 2018, with respect to the instant motor vehicle, at the claim price of KRW 16 million.
C. The instant loan amounted to KRW 2,614,296 on April 25, 2018, and KRW 2,222,406 on May 25, 2018, respectively, was deposited and repaid to the Plaintiff, but the said loan was not repaid thereafter, and the Defendant lost the benefit of the term for the instant loan obligation.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7, 9, 13, 14, 16, Eul evidence Nos. 5, 7, 8, 9, and the purport of the whole pleadings
2. The assertion and judgment
A. The main point of the Plaintiff’s assertion is to seek the payment of the unpaid principal and interest of loan according to the loan agreement of this case, and as the Defendant, by deceiving the Plaintiff, received the loan of this case, thereby seeking compensation for damages due to tort.
B. According to the reasoning of the judgment as to the primary cause of claim, the instant loan shall be repaid in equal repayment of principal and interest. As seen earlier, only twice the principal and interest have been repaid. As such, the Defendant shall, barring any special circumstance, pay to the Plaintiff full payment of the principal and interest of KRW 79,757,179 (i.e., interest of KRW 77,532,478 (i.e., principal and interest of KRW 77,532,478) and the principal and interest of KRW 77,532,478 (i.e., interest of KRW 64,297) and the principal and interest of KRW 77,532,478 from August 3, 2018.