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(영문) 광주지방법원 2020.05.08 2019가단515946
대여금
Text

1. The defendant shall pay 26,245,300 won to the plaintiff and 25,898,496 won per annum from March 14, 2020 to the day of full payment.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. In fact, on November 28, 2018, the Plaintiff entered into an agreement with the Defendant on mid-to long-term debate (hereinafter “instant loan transaction agreement”) with the content that the loan principal shall be KRW 43,60,000 for the loan principal, the repayment method shall be repaid in equal installments with the principal and interest for 48 months, the interest rate shall be KRW 9.9% per annum, and the interest rate for arrears shall be KRW 12.9% per annum, and loans KRW 43,60,000 to the Defendant on the same day.

Meanwhile, according to the loan transaction agreement of this case, when a debtor delays payment on more than two consecutive occasions, the debtor has lost the benefit of time and has decided to repay the entire debt.

From March 20, 2019 to April 20, 2019, the Defendant lost the benefit of time by failing to pay monthly payment twice consecutively.

Since then, at the time of the loan transaction agreement of this case, the Plaintiff sold the motor vehicle under the name of the Defendant, which was created the right to collateral security, to recover KRW 19,38,470 on December 17, 2019.

As of March 13, 2020, the loan principal and interest under the loan transaction agreement of this case is KRW 26,245,300,00 in total, including principal and interest, KRW 25,898,496, and unpaid interest, etc.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, a debtor under the loan transaction agreement of this case, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12.9% per annum from March 14, 2020 to the date of full payment as to the principal amount of KRW 26,245,30 as of March 13, 2020 and the principal amount of KRW 25,898,496 as of March 14, 2020.

2. Determination on the Defendant’s assertion

A. The summary of the defendant's assertion (1) The defendant concluded a loan transaction agreement in this case by lending only the name to C through the plaintiff's understanding. The actual party to the loan transaction agreement in this case is C.

(2) The defendant is currently preparing individual rehabilitation, and the plaintiff must obtain repayment through the individual rehabilitation procedure.

B. (1) Lending the name.

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