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1. The defendant shall pay to the plaintiff KRW 57,293,072 and KRW 54,656,085 among them, per annum from June 8, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On January 29, 2016, the Plaintiff entered into an erroneous credit transaction agreement on the loan amount of KRW 70,00,000, annual interest rate of KRW 18.9,000, annual interest rate of KRW 8.9, annual interest rate of KRW 18.9, annual interest rate of KRW 10%, annual interest rate of exceeding one month or three months, annual interest rate of exceeding three months, annual interest rate of KRW 12%, annual interest rate of exceeding three months, annual interest rate of KRW 48 months, annual interest rate of KRW 48 months, annual interest rate of KRW 70,000, annual interest rate of KRW 20,000 on the purchase fund of vehicle number D (hereinafter “instant automobile”), and paid KRW 70,000,000 on the same day. On February 1, 2016, the Plaintiff completed the registration of establishing collateral security on the instant automobile under the Plaintiff’s name.
B. At the time of the conclusion of the foregoing agreement, the Plaintiff and the Defendant agreed that the obligor shall immediately lose the benefit of the time limit for the pertinent obligation and pay the amount of the obligation. The Defendant purchased and sold the instant automobile to E Co., Ltd. on October 31, 2016 without the Plaintiff’s consent.
C. The Defendant lost the benefit of time on the ground that the name of the collateral was changed without the Plaintiff’s consent. As of June 7, 2017, the Defendant did not pay KRW 57,293,072 in total, 54,656,085, interest 909,258, interest 1,727,729, interest 1,729.
[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 and 3, and the purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29.9% per annum, which is the rate of damages for delay, from June 8, 2017 to the date of full payment, with respect to KRW 57,293,072 and KRW 54,656,085 among them.
B. As to this, the Defendant transferred the instant vehicle to F, and the F took over the loan obligation and paid the installment under the agreement with the Plaintiff. The Defendant received the order of delivery of the vehicle by transferring the name and ownership of the vehicle to the Plaintiff, and the Plaintiff’s person in charge also received the order.