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(영문) 대전지방법원 2018.02.08 2017가합103829

약정금

Text

1. The defendant shall be the plaintiff.

(a) KRW 200,121,777 as well as 5% per annum from January 12, 2018 to February 8, 2018;

Reasons

On December 2013, the Plaintiff: (a) transferred a vehicle C (numbered D) to the Defendant (hereinafter “instant vehicle”); (b) the name of the vehicle registration shall remain left in the Dongyang Construction Co., Ltd., a company to which the instant vehicle belongs; and (c) the Defendant agreed to pay the Plaintiff the remaining installment payment (payment on the 20th day of each month) and the payment of the purchase price for the instant vehicle (hereinafter “instant agreement”).

The amount that the Defendant is obligated to pay to the Plaintiff under the instant agreement is KRW 159,515,760 in total of the principal to be paid to the Plaintiff from January 2014 to December 2, 2017 (=3,323,245 won x 48 times); KRW 16,104,537 in total; KRW 16,537 in the attached Table on the principal to be paid each month; KRW 3,323,245 in total (three times); KRW 24,50 in total from January 2014 to November 2017 to KRW 24,501,480 in total (= KRW 218,537 in the attached Table on the principal to be paid to the Plaintiff; KRW 16,537 in the attached Table from January 2018 to March 2018; KRW 13,501 to April 21, 2017).

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 13 (including the provisional number), witness E's testimony, and the purport of the whole pleadings, the defendant shall pay to the plaintiff the installment payment, 200,121,777 won in total, including the installment payment and delay damages until December 2017 (i.e., 15,515,760 won in total until 15,760 won, 16,104, 537, 24,501,480 won in total), as well as damages for delay from the date of delivery of the application for change of the purport of the claim and the cause of the claim in this case, which the plaintiff seeks, after January 12, 2018 to the date of this decision, from January 8, 2018 to February 12, 2018, to the date of complete payment, 30% per annum 15% per annum 28,2015.