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1. As to KRW 112,763,261 and KRW 33,379,349 among the Plaintiff, the Defendant shall pay to the Plaintiff the interest rate from November 23, 2017 to the day of full payment.
Reasons
Basic Facts
- In purchasing automobiles, the Defendant: (a) borrowed 8.25% per annum from Hyundai Capital Co., Ltd. at the interest rate of 15,000,000 on September 10, 2004; (b) on condition of 24% per annum; (c) on October 31, 2005 at the interest rate of 7.5% per annum; (d) on condition of 24% per annum; and (e) agreed to repay the principal and interest in installments for 36 months; and (e) on condition of 34% per annum, the Defendant lost the benefit of time by delaying the payment of installment.
- On May 20, 2016, Hyundai Capital Co., Ltd. transferred each of the above loans claims (hereinafter “the instant loans claims”) to the Plaintiff, and delegated the power to notify the assignment of claims pursuant thereto, and the Plaintiff notified the Defendant of each of the above assignment of claims and reached the Defendant around that time.
- As of April 14, 2017, the balance of the principal and interest of the instant loan claims is KRW 112,763,261 in total, and the principal among them is KRW 33,379,349 in total.
[Based on the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 23, 2017 to the date following the day when the original copy of the instant payment order was delivered to the defendant, as requested by the plaintiff, as to KRW 112,763,261 of the balance of the instant loan and the principal of the loan 33,379,349, to the plaintiff, a transferee of the instant loan claim of this case, as the whole, according to the facts of the judgment as to the grounds for the claim of judgment as to the purport of the entire arguments.
The Defendant’s assertion 1) The Defendant asserts that the liquidation has been completed on December 17, 2014, and thus, the liquidation work is not completed as long as the claim remains (see, e.g., Supreme Court Decision 99Da66427, 73371, Feb. 11, 2003). Thus, the fact that the registration of liquidation is completed on December 5, 2014 against the Defendant does not conflict between the parties, but as seen earlier.