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1. The Defendant shall pay to the Plaintiff the amount of KRW 48,823,141 and KRW 47,188,378 among them, from February 8, 2018 to the date of full payment.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 10, Eul evidence 1 and 4:
On March 16, 2017, the Plaintiff entered into an agreement on mid-to-long-term debate with the Defendant, setting a loan of KRW 51,00,000, annual interest rate of KRW 9.03%, annual interest rate of KRW 19%, annual interest rate of KRW 60, annual interest rate of KRW 60.
(hereinafter referred to as “instant loan”). (b)
At the time of the instant loan agreement, the Defendant agreed to pay the principal and interest on installment repayment of KRW 1,059,418 per month on the date of each month pursuant to the erroneous debate agreement and the basic terms and conditions of credit transaction, and to lose the benefit of time in case of delay on more than two consecutive occasions, and to pay the principal and interest on the loan in full at once.
C. However, on November 27, 2017, the Defendant lost the benefit of the time due to its failure to pay the agreed amount, and on February 7, 2018, the instant loan agreement was terminated, and on the same day, KRW 48,823,141 (i.e., the principal amount of KRW 47,188,378, KRW 189, KRW 189, KRW 111, KRW 880, KRW 202, and KRW 565,450).
2. The defendant asserts that the lawsuit in this case is unlawful due to the violation of jurisdiction. Accordingly, according to each of the evidence Nos. 2 and 4, the defendant's assertion that the lawsuit in this case is unlawful, the defendant may apply the basic terms and conditions of credit transaction of A company to matters not provided for in the terms and conditions," and Article 26 of the basic terms and conditions of credit transaction as provided in Article 14 of the Terms and Conditions of A company to the competent court, as well as the district court at the location of the financial company's business location.
Provided, That where a financial company transfers its claims management affairs to its head office or another business office for the management of claims due to a cause attributable to the debtor, the transferred head office as well as the competent court as provided by the Act.