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1. The Defendants are jointly and severally liable to the Plaintiff for 58,645,038 won and 24% per annum from June 20, 2017 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff and J Limited Partnership Company 1) The Plaintiff and J Limited Partnership Company (hereinafter “J”).
(2) On July 4, 2014, the Plaintiff and the J concluded a installment financing contract with the principal of KRW 75 million in equal installments and interest rate of KRW 5.4% per annum, and interest rate of KRW 20-24% per annum for the period of 48 months. From February 20, 2017, J delayed the payment of installment payments and lost the outstanding principal due to the loss of the payment of installment payments at least twice, 30,034,470 won per annum. (2) On January 29, 2015, the Plaintiff and the J concluded a installment financing contract with the principal of KRW 240 million in equal installments each month and interest rate of KRW 5.4% per annum, and the overdue interest rate of KRW 20-24% per annum.
Since February 3, 2017, the J lost the due interest due to the delay in the payment of installment payments at least twice, 160,848,343 won of the outstanding principal.
3) On February 23, 2015, the Plaintiff and J concluded an installment financing contract with the principal of KRW 160,000,000 for 54 months equally divided principal and interest per annum, interest rate of KRW 5.4% per annum, and interest rate of KRW 20-24% per annum. Since February 9, 2017, J left KRW 110,448,958 of the outstanding principal due to the Plaintiff’s delay in payment of installment payments at least two times, which would have been unredeemed. B. On February 8, 2017, the J applied for rehabilitation with the Daejeon District Court 2017,505, and decided to commence rehabilitation proceedings on March 7, 2017, and Defendant J transferred the remaining amount of KRW 308,289,794,7965,64,565,7965,64, etc. of the Plaintiff’s respective debt to the Plaintiff on October 27, 2017.
2. As to the plaintiff's cause of claim
(a) the relevant provisions of the Commercial Act;