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(영문) 서울중앙지방법원 2015.11.18 2015가합560603
대여금
Text

1. Defendant A Co., Ltd. and B jointly and severally with the Plaintiff KRW 39,205,243 and KRW 36,454,948, out of the above amount.

Reasons

The summary of the case is the case where the plaintiff sought the payment of loans under an automobile installment financing agreement against the defendant company and B, while the real estate donation contract between the defendant B (debtor) and the defendant C (beneficiary) is a fraudulent act, and the cancellation thereof and restitution by compensation for value is sought.

In fact, on October 16, 2013, the Plaintiff entered into an agreement on installment financing with the Defendant Company and ① Doynamic-C7 vehicle (vehicle number D, vehicle price of KRW 59,290,00) monthly installments, KRW 1,339,769, KRW 36 months in installment period, KRW 24% in delay rate, and ② an agreement on installment financing (contract number E) in 2014, ② monthly installments in 1,523,382, KRW 36 months in installment period, and KRW 24% in delay rate (vehicle number F, vehicle price of KRW 67,445,00 in 2014).

In the joint and several surety column of the above installment financing agreement, the name, resident registration number, address, mobile phone number of the defendant B, who was the representative director of the defendant company, is stated, and the seal of the defendant B is affixed.

On October 21, 2013, the Plaintiff received a mortgage of KRW 41,503,00 with respect to vehicles, and KRW 47,211,50 with respect to vehicles on October 23, 2013.

The Defendant Company lost the benefit of time beginning with the late payment from February 20, 2014 under each of the above installment financing agreements.

As of March 24, 2014, ① The amount of debt under the agreement is KRW 39,205,243 (i.e., the outstanding principal KRW 36,454,948; overdue interest; overdue interest; overdue interest; interest 2,750,295). ② As to the obligation under the agreement, the Seoul Central District Court Decision 2014Da66367 decided August 21, 2014 (i.e., the Defendant Company and B jointly and severally paid to the Plaintiff KRW 44,234,60; and (ii) the damages for delay calculated at the rate of 24% per annum from June 29, 2014 to the date of full payment).

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