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(영문) 서울중앙지방법원 2017.07.21 2016가합8966
할부대출금반환 등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 393,130,797 and the amount of KRW 287,734,37 among them, from May 12, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On September 17, 2014, the Plaintiff lent KRW 230,000,000 to the Defendant at annual interest rate of KRW 10.9%, annual damages rate of KRW 25%, and the repayment period of KRW 60 months (hereinafter “instant first loan”), and C dump truck’s purchase price of KRW 230,00,000 under the said conditions.

(hereinafter referred to as “second-party loan,” and each of the above loans is referred to as “each of the above loans,” b.

According to each of the loan agreements of this case, the Defendant paid KRW 4,989,300 per month to the Plaintiff and repaid the loan, and provided each of the above dump trucks (hereinafter “each of the instant dump trucks”) as security.

Accordingly, on October 15, 2014, the defendant set up a right to collateral security with regard to each of the instant dump trucks at KRW 230,000,000, respectively.

C. On April 1, 2016, the Defendant delayed the payment of monthly payment, and on April 1, 2016, the Plaintiff sent to the Defendant a certificate of content that the benefit of time would be lost if the Plaintiff did not pay arrears by April 4, 2016. The above certificate of content reached the Defendant on April 4, 2016.

On May 17, 2016, the Defendant, while returning each of the instant dump trucks to the Plaintiff, drafted a counter-payment confirmation letter to the effect that he/she will delegate and consent to all the matters concerning the disposition of voluntary auction, etc. of each of the instant dump trucks, and will not raise any objection.

E. The Plaintiff applied for a voluntary auction on each of the instant dump trucks and received a decision to commence a voluntary auction on May 27, 2016. On April 27, 2017, the Plaintiff received KRW 51,926,806 from the proceeds from the sale of B dump trucks, and KRW 59,170,102 from the proceeds from the sale of C dump trucks, respectively.

(A) The grounds for recognition are as follows: (a) there is no dispute; (b) Gap evidence Nos. 1 to 3, 6 through 13 (including branch numbers; hereinafter the same shall apply); and (c) Eul evidence Nos. 1; and (d) the purport of the whole pleadings.

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