채무부존재확인의 소
1. On May 17, 2018, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 32,150,557 and KRW 31,807,618 among them.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On November 2, 2017, the Plaintiff purchased the instant vehicle from Non-Party D Co., Ltd. (hereinafter “distributor”), and entered into an agreement with the Defendant for a loan agreement on a mid-to long-term loan with the Defendant on November 2, 2017 to pay the purchase price. Pursuant to the terms and conditions of the loan and the special agreement on the payment of the loan, the Plaintiff borrowed KRW 30,000 to the account of Non-Party F, the person related to the application for the loan, on the date of the said agreement.
(36 months of loan, interest rate of loan 12.9% per annum, interest rate of arrears 25% per annum; hereinafter “the instant loan”).
On May 16, 2018, the Plaintiff lost the benefit of time due to the Plaintiff’s failure to repay all the principal and interest agreed to be repaid to the Defendant on the first day of each month. However, despite the Defendant’s repeated demands as of May 16, 2018, the outstanding amount of the principal and interest accrued from the instant loan amounting to KRW 32,150,57 (=the outstanding principal and interest amounting to KRW 25,766,395 in arrears).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional number), the purport of the whole pleadings
2. According to the above facts in determining a counterclaim, the Plaintiff is obligated to pay to the Defendant the sum of the principal and interest of KRW 32,150,557 as well as damages for delay at the rate of 25% per annum from May 17, 2018 to the date of full payment.
As to this, the plaintiff asserts that there is no obligation to repay the principal and interest of this case for the same reasons as the principal and interest of this case. However, as examined below, the plaintiff's above assertion cannot be accepted.
3. Determination on the main claim
A. Article 16(1)3 of the Plaintiff’s Summary Transactions Act (hereinafter “Installment Transactions Act”) provides the consumer with no supply of all or part of the goods, etc. by the time of supply, the Plaintiff’s installment business operator.