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(영문) 부산지방법원 2015.07.02 2014나45840
대여금
Text

1. The defendant's appeal is dismissed.

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

3. Of the judgment of the court of first instance, Paragraph 1 of this Article is applicable.

Reasons

1. Facts of recognition;

A. On November 29, 2012, the Plaintiff received an application for the loan of automobile purchase funds from the applicant for the loan, and extended a loan of KRW 29.9 million to 36 months of the loan period, interest rate of 27.9% per annum, overdue interest rate of 33% per annum, and on the condition that the principal and interest are repaid in equal installments every month (hereinafter “instant loan”).

B. The instant loan lost a fixed period of interest due to delay in repayment of principal and interest. The balance of the principal and interest of the instant loan is the principal amount of KRW 28,258,365, delay damages, 11,938, and delay damages from April 18, 2014 concerning the principal and interest of the instant loan.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 3, 13, 14 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. In full view of each of the above evidence, evidence Nos. 4 to 12, evidence No. 4, and evidence No. 14, and evidence No. 14, and evidence No. 14, the following circumstances are acknowledged in light of the testimony and overall purport

① The Defendant’s seal is affixed to the application for the instant loan, next to the Defendant’s name.

② The Defendant stated the name of the principal in the applicant column of “customer information” in the instant loan application form as the Chinese name.

③ The Defendant issued a seal imprint, a certificate of personal seal impression, and a copy of the identification card to E, and the Defendant’s certificate of personal seal impression and a copy of the identification card were also submitted to the Plaintiff at the time the instant loan application

④ The Defendant’s mobile phone number is indicated in the contact column for the instant loan application.

The Plaintiff’s employee received the loan-related documents, such as the instant loan application, and confirmed the Defendant’s identity by telephone, and followed the procedure to verify the loan amount and interest rate, installment period, monthly installment, type of vehicle, annual payment date, settlement date, and settlement account. At the time, the Defendant recognized all the loan-related contents.

In light of the above circumstances, the instant loan application is judged to have been directly prepared by the Defendant at his own will, and even if so, to E as the Defendant alleged.

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