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1. As to KRW 35,99,023 and KRW 35,819,00 among them, the Defendant shall annually pay to the Plaintiff KRW 4,00 from August 24, 2018 until September 9, 2018.
Reasons
1. Facts of recognition;
A. On January 3, 2018, the Plaintiff entered into a loan agreement with the Defendant on an installment financing business, setting the amount of KRW 40,500,000 for the new car purchased from D Co., Ltd. (hereinafter “instant loan agreement”) at 48 months during which the Defendant purchased from D Co., Ltd.; and 48 months during which the principal and interest on the loan was repaid; 4.5% per annum at interest rate; and 24% per annum at interest rate (hereinafter “instant loan agreement”). The said loan agreement was concluded under a document loan agreement through the verification of vehicle-to-face information and the Defendant’s identity certification via telephone.
B. As of August 24, 2018, the instant loans are principaling KRW 35,819,05, interest KRW 175,768, delay damages KRW 4,250, totaling KRW 35,99,023.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 6, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff delay damages calculated by applying the rate of 4.5% per annum from August 24, 2018 to September 9, 2018, which is the agreed interest rate of 24% per annum, to the agreed interest rate of 35,99,023 won in total, and the principal of the loan, among which 35,819,005 won have not been paid to the Plaintiff, barring any special circumstance.
[Plaintiff claimed for the payment of damages for delay from September 7, 2018, which is the day following the delivery of the copy of the complaint of this case. However, according to the basic terms and conditions of the loan contract of this case (Article 8(2) of the evidence No. 2 of this case, the Plaintiff shall notify the Defendant in writing of the fact that the repayment was delayed and the payment of the due interest would be lost by not later than three business days prior to the date of loss of the due date. If the Plaintiff did not notify by not later than three business days prior to the date of loss of the due date, the payment of the copy of the complaint of this case would be lost by the date on which three business days elapse from the date of actual notification. Thus, the Plaintiff filed