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(영문) 서울북부지방법원 2014.11.28 2014나21234
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the plaintiff loaned 29.9 million won to the defendant on January 29, 2013 at the middle loan rate of 36 months (the method of equal repayment of principal and interest), interest rate of 23.9% per annum, interest rate of 33% per annum, and interest rate of delay rate of 33% per annum. Thereafter, the defendant only repaid part of principal and interest for several months and lost profits due to non-performance of the remaining principal and interest. The remaining principal and interest amount as of October 24, 2013 are 27,346,344 won (i.e., principal and interest amount of 26,232,721 won, interest rate of 1,035,246) and there is no counter-proof evidence.

According to the above facts, the defendant is obligated to pay to the plaintiff the remainder of the principal and interest of the loan and delay damages for the principal amount of KRW 27,346,34 and the principal amount of KRW 26,232,721.

2. Judgment on the defendant's defense

A. The defendant's defense (1) because the non-party B and the non-party B lack credit for the defendant to purchase the heavy difference between B and the non-party B, it is possible to purchase the heavy difference when the defendant and his relatives, etc. guarantee 10 million won, and the defendant is not liable for it. The defendant bears no responsibility. The defendant affixed the defendant's seal impression on the loan application (Evidence A 1 and 2) and issued the certificate of the personal seal impression to the non-party B and the non-party B, the above loan contract is invalid.

(2) At the time when the Defendant affixed the above loan application form, the above loan application form was written without the Defendant’s consent or authorization, such as the product conditions (such as loan amount, interest, installment period, mortgage establishment, etc.) stated in the loan application form, and thus, the loan contract is null and void, and the above loan application form is also written without the Defendant’s consent or authorization. It is null and void because it is the contract form.

B. (1) The judgment of the court below is just based on the descriptions of No. 1-1-2 and No. 2 as to the defense that the defendant was accused.

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