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(영문) 대전지방법원 2017.07.20 2016가단215018
대여금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 22,094,49 and KRW 21,366,735 from May 26, 2016 to the date of full payment.

Reasons

Facts of recognition

A. On September 22, 2015, the Plaintiff loaned the Defendant a loan of KRW 22 million with a vehicle purchase fund at KRW 5.9% per annum and overdue interest at KRW 24% per annum, and the Defendant agreed to repay the principal and interest of the loan in installments over a period of 60 months (hereinafter “instant loan agreement”).

B. Around May 25, 2016, the Defendant lost its benefit by failing to perform its obligations under the instant loan agreement.

C. The principal and interest of a claim under the instant loan agreement is KRW 22,094,49 as of May 25, 2016 (= Principal KRW 21,366,735, interest of KRW 603,675, interest of KRW 124,089).

On the other hand, on July 20, 2016, the Plaintiff transferred the claim under the instant loan agreement to the Korea Asset Management Corporation, and notified the Defendant of the transfer of the claim on August 23, 2016. The Korea Asset Management Corporation transferred the claim under the instant loan agreement to the Plaintiff again on December 2016, and notified the Defendant of the transfer of the claim on June 29, 2017.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 9 (including branch numbers, if any) or voice, and the purport of the whole pleading

A. According to the above facts, barring any other special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from May 26, 2016 to the date of full payment of the principal amount of KRW 22,094,49, and KRW 21,366,735, among the principal amount, to the Plaintiff.

B. As to this, the defendant asserts that the defendant could not respond to the plaintiff's claim of this case since he was accused from B and entered into the loan agreement of this case.

Comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 and the purport of the entire pleadings in this court, B made the Defendant make a false statement on September 2015 and made the Defendant enter into the instant loan agreement, and Lone Star Co., Ltd. purchased from the Defendant under the instant loan agreement.

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