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(영문) 부산지방법원 2017.05.11 2017가단301946
대여금
Text

1. The defendant shall pay to the plaintiff 114,361,165 won and 110,012,39 won among them, from December 3, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The following facts are neither disputed between the parties, nor acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 4, and there is no counter-proof.

⒧. 피고는 2016. 6. 24. 원고로부터 1억 1,600만 원을 변제기는 48개월 후, 이자는 연 9.9%, 연체이자는 연 25%로 정하여 차용(이하 ‘이 사건 대출약정’이라 한다)하였다.

D. The Defendant did not pay the above agreement and lost the benefit of time, and as of December 3, 2016, the principal and interest of this case were KRW 114,361,165 (the principal and interest of this case, KRW 110,012,39, interest and overdue interest, etc., KRW 4,348,766).

B. According to the above facts, the defendant is obligated to pay to the plaintiff 14,361,165 won of the principal and interest of this case and 110,012,39 won of the principal and interest of the loan, and damages for delay calculated by the rate of 25% per annum from December 3, 2016 to the date of full payment.

2. The defendant's argument as to the defendant's assertion is that B is the debtor of the loan agreement of this case, and the defendant is the defendant of the loan agreement of this case, and only formally signed the loan agreement of this case. Thus, since the loan agreement of this case is invalid by false representation or should be revoked by declaration of intention by fraud, there is no evidence to acknowledge the defendant's assertion.

3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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