beta
(영문) 서울서부지방법원 2018.01.24 2016가단260199

손해배상(기)

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 60,245,517 and KRW 36,351,568 among them, Defendant B’s Co., Ltd. shall be from February 24, 2014.

Reasons

1. Basic facts

A. On June 26, 2013, Defendant B Co., Ltd. (formerly: F. F., Ltd.; hereinafter “Defendant Company”) purchased H vehicle (hereinafter “H vehicle”) and I vehicle (hereinafter “I vehicle”) in Nonparty G company, respectively, and “each of the instant vehicles” in relation to H vehicles.

B. The Defendant Company entered into an installment financing agreement with Nonparty J Co., Ltd. (hereinafter “J”) on KRW 37,170,000 except for the advance payment of KRW 15,10,000,000 with the purchase of HA motor vehicle in KRW 53,10,00. The Defendant Company delayed payment of KRW 37,170,00 for the principal and interest of KRW 37,170,00 for the installment financing agreement and KRW 6.99% for the total interest of KRW 4,141,116 for the installment payment and KRW 41,311,116 for the total amount of KRW 37,170,000 for the installment payment, KRW 10,141,116 for the period from June 26, 2013, the Defendant Company made an installment payment at the rate of KRW 1,147,531 for the installment payment to 24% per annum.

C. The Defendant Company concluded a installment financing agreement with the J company (hereinafter “instant installment financing agreement”) with respect to KRW 21,70,000,000 except for the advance payment of KRW 9,30,000,000. The total amount of interest to be paid pursuant to the agreement of KRW 21,70,000 and KRW 8.89% is 3,101,948, and the total amount of interest to be paid pursuant to the agreement of KRW 24,801,948 (=21,70,000,000,003,101,948) was to be paid by the Defendant Company on June 26, 2013 by paying the amount of KRW 68,943,00 each month in equal installments of principal and interest for the period from June 26, 2013 to bear damages for delay at the rate of 24% per annum.

In order to secure installment payments under each of the instant installment financing agreements, the Defendant Company: (a) on July 23, 2013, a mortgage on automobile (hereinafter “mortgage”) with the J Company’s maximum debt amount of KRW 37,170,000,000 on the HA motor vehicle; and (b) on July 31, 2013.