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1. The contract to establish a right to collateral security concluded on September 3, 2012 between the Defendant and B regarding the building indicated in the attached list.
Reasons
1. Basic facts
A. B entered into a car lease agreement with the Plaintiff on September 9, 201 with respect to a franchise HG (C) automobile (hereinafter “instant automobile”) with the term of 48 months, the term of 48 months, the term of 1,054,680 won per annum, and the overdue interest rate of 24% per annum.
(hereinafter referred to as the “instant siren contract”). B.
The instant siren contract is stipulated as follows:
The Plaintiff may claim or recover the return of the instant vehicle, along with the relevant debt already incurred, where the cause for termination of the instant siren contract occurs, (1) the benefit of time is lost, and (2) the fees for the termination of the instant vehicle may be claimed, in addition to the overdue rental fee, where the instant siren contract is terminated even and the procedure for return of the instant vehicle is completed.
C. B, on June 4, 2012, the final deposit of the siren fee was made, and on June 30, 2012, the payment was not made. The Plaintiff terminated the instant siren agreement on August 2, 2012, and was forced to recover the instant vehicle on January 4, 2013.
Late rental fee (including additional tax) 17,789,380 won / 967,707,707 damages for delay 12,321,62 won / 13,740,772 won / 31,078,709 won in total
D. As of September 3, 2012, the Plaintiff’s claim against B was KRW 29,867,172, interest 542,752, delay damages KRW 227,57, and KRW 30,637,501, and the Plaintiff’s claim against B as of November 24, 2015 is KRW 31,078,709 as follows.
B On September 3, 2012, the Defendant entered into a mortgage agreement with the maximum debt amount of KRW 20,00,000 with respect to the building, the sole property of which is the attached list (hereinafter “instant building”) and the Defendant entered into a mortgage agreement with the mortgagee (hereinafter “mortgage agreement”). On September 4, 2012, the Daejeon District Court, Daejeon District Court, Daejeon District Court, issued the registration of the establishment of a mortgage on September 4, 2012.