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(영문) 부산지방법원 2014.09.02 2013가단215085
대여금
Text

1. The defendant shall pay to the plaintiff KRW 29,393,464 as well as KRW 28,258,365 among them, from May 10, 2013 to the day of full payment.

Reasons

1. Basic facts

A. On November 29, 2012, the Plaintiff received an application for a loan for the purchase of a motor vehicle from the applicant as the Defendant. On November 29, 2012, the Plaintiff granted a loan of KRW 29.9 million (hereinafter “instant loan”) on the condition that the Plaintiff repays the principal and interest on the loan period of KRW 36 months, interest rate of KRW 27.90 per annum, interest rate of 33% per annum

B. The instant loan lost the benefit of time due to delay in the repayment of principal and interest, and on May 9, 2013, the balance of the instant loan as of May 9, 2013 is the principal amounting to KRW 28,258,365, interest and delay damages (=interest 1,103,572) and KRW 31,527).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. The above evidence, Gap evidence, Eul evidence Nos. 4 through 12, and Eul evidence Nos. 4, and Eul evidence Nos. 4, 4, and 4 as a whole comprehensively considered the purport of the pleadings, i.e., ① there is no dispute that the stamp image after the defendant's name was affixed with the seal of the defendant, and the stamp image is ratified as affixed according to the defendant's intent (it is not proven that the defendant was forged by another person, but there is no evidence to prove that it was forged by another person). ② The defendant stated his name in the applicant's column in the loan application of this case as the applicant's name, and the contact number (B) was also the defendant. ③ After receiving the loan application of this case and other related documents, the plaintiff's employee confirmed the defendant's identity and confirmed the loan amount, interest rate, installment period, monthly installments, type, settlement date, settlement account, etc., together with the loan application of this case.

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