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(영문) 서울북부지방법원 2018.08.21 2018가단101359
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 162,421,125 and KRW 50,000 among them, from December 5, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 10, 2006, the Plaintiff entered into an installment financing agreement with the Defendant regarding the purchase of vehicles, and lent KRW 50,000,00 to the Defendant.

(hereinafter “instant installment financing agreement”). B.

As of December 4, 2017, the Defendant did not pay the principal KRW 162,421,125 (interest of KRW 50,000,000, KRW 516,904, KRW 106,804, KRW 221).

[Ground of recognition] Unsatisfy, Gap evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 15% per annum with respect to KRW 162,421,125 as well as the principal of KRW 50,000 among them from December 5, 2017 to the date of full payment.

3. On the part of the defendant's assertion, the defendant concluded the installment financing agreement of this case as the Brers' instructions to seek jobs, but did not receive any job and received any vehicle purchased through installment financing. The defendant also asserts that the defendant is not liable for fraud.

However, solely on the foregoing circumstances, the instant installment financing agreement cannot be exempted from liability.

The defendant's above assertion is without merit.

4. The plaintiff's claim for conclusion is reasonable.

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