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(영문) 서울남부지방법원 2018.05.29 2017가단257016
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 37,292,708 and the amount of KRW 33,659,08 from September 9, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 23, 2016, the Plaintiff loaned KRW 35,200,000 to the Defendant as collateral at the interest rate of KRW 16.9% per annum, overdue interest rate of KRW 25% per annum, method of equal repayment of principal and interest on repayment, and maturity of KRW 60 months.

(hereinafter referred to as "the instant loan". (b)

At the time of the instant loan, when the installment repayment was delayed on more than two consecutive occasions, the interest of the time shall be lost, and the Defendant agreed to bear the expenses for the exercise of rights, such as security rights, against the debtor.

C. On September 1, 2017, the Defendant delayed the payment of the installment, thereby losing the benefit of time.

The Plaintiff’s loan claim against the Defendant is KRW 37,292,708 [the principal = KRW 2,180,225 for interest or overdue interest of KRW 33,659,083 or overdue interest of KRW 2,180,225 for the provisional payment of KRW 1,453,40 for the automobile auction expenses of KRW 259,000 for the automobile auction expenses of KRW 1,400 for the automobile auction expenses of KRW 1,400 for the automobile auction expenses of KRW 19,00 for the automobile auction expenses of KRW 19,00 for the automobile auction expenses

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Gap 6 evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, pursuant to the loan agreement in this case, the Defendant is obligated to pay to the Plaintiff 37,292,708 won in total, including the principal and interest of the loan, and 33,659,083 won among them, 25% interest rate per annum, which is an overdue interest rate from September 9, 2017 to the day of full payment, pursuant to the agreement on the loan in this case.

B. As to this, the Defendant concluded the instant loan agreement while purchasing an automobile under his own name. However, the Defendant asserted to the effect that, although he had decided to repay the entire amount of the loan while using an automobile, he could not pay the principal and interest of the loan as he was actually missing, it is merely an internal agreement between the Defendant and B, and it goes through the procedure of changing the debtor, etc.

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