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(영문) 대구지방법원 2016.08.25 2015나18396
할부금청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On April 29, 2013, the Defendant concluded a sales contract for goods (hereinafter “instant sales contract”) with a natural energy company (hereinafter “non-party company”) to purchase at least 5,780,000 won of the purchase price (hereinafter “the instant hot water”) with the non-party company (hereinafter “non-party company”) and paid the purchase price by means of installment financing operated by the Plaintiff.

B. Accordingly, on April 30, 2013, the Defendant entered into an installment financing agreement (hereinafter “instant installment financing agreement”) with the Plaintiff (the former trade name before the change: professional Capital Co., Ltd.; the former trade name before the change: Korea LABF Co., Ltd.) on the condition that “5,780,00 won for installment financing (the amount of loan), 209,00 won for monthly installment payment, 36 months for installment payment, 18% for installment payment, 24% per annum per annum, and 1% for installment payment commission.”

[Defendant, while making a confession in the first instance court that concluded the installment financing agreement with the Plaintiff, made a statement to the effect that the agreement is revoked on the date of the first instance trial (the statement in the grounds of appeal as of December 28, 2015), but there is no evidence to support that the confession was contrary to the truth and due to mistake, the revocation of the confession is invalid).

The Defendant lost the benefit of time under the instant installment financing agreement because it did not pay monthly payments from November 2013. As of September 17, 2014, the Defendant’s interest accrued due to the failure to pay the monthly payments was KRW 5,809,205 in total ( KRW 4,471,60 in the amount of outstanding principal, KRW 612,200 in the amount of overdue interest, KRW 612,203 in the amount of overdue interest, KRW 44,716 in the amount of overdue interest, overdue interest KRW 12,202 in the overdue interest, KRW 6,615 in the amount of overdue interest, KRW 661,869 in delay

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant’s total amount of KRW 5,780,00,000, including the principal and interest of the unpaid portion as of September 17, 2014, and total of KRW 5,083,803, 803 = the amount of unpaid principal = 4,471,60, the amount of unpaid principal plus 612.

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