beta
Text
1. The Plaintiff:
A. As to KRW 39,436,186 and KRW 36,550,441 among the Defendant A Co., Ltd., Ltd., from March 28, 2014.
Reasons
1. Basic facts
A. On June 26, 2013, Defendant A Co., Ltd. (hereinafter “Defendant Company”) purchased “BM 520D F10MY13” automobiles (hereinafter “instant automobiles”) for KRW 53,100,00,00 among them, and entered into an agreement to pay KRW 1,147,531 per month to Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for 37,170,000 among them to pay KRW 37,170,000 for the amount of KRW 37,170,00,000 each month for 36 months, on payment of the amount of KRW 1,47,531 per annum if delayed, and on July 23, 2013, a mortgage was created and registered with respect to the instant automobiles at KRW 37,170,000 per annum.
(hereinafter “instant mortgage”). (b)
As the Defendant Company did not pay the above installment from September 10, 2013, it lost the benefit of March 27, 2014. Accordingly, the Defendant Company’s principal and interest up to that point reached KRW 39,436,186 (= Principal KRW 36,550,441) and other expenses 2,85,745).
C. On July 15, 2015, Nonparty Company transferred all rights, such as installment financing agreement and mortgage contract, to the Plaintiff. On August 11, 2015, the Plaintiff notified the Defendant Company of the assignment of claims, and filed the instant lawsuit containing such declaration of intent on December 29, 2016.
Meanwhile, on June 16, 2014, Defendant B closed the Defendant Company on August 22, 2014 after becoming the representative director of the Defendant Company, and the license was revoked accordingly, the Gangdong-gu Office having jurisdiction over this case’s automobile was entrusted ex officio revocation based on the Defendant Company’s revocation. Accordingly, the registration of the instant automobile was revoked ex officio on March 23, 2015, and the registration of the instant mortgage was revoked.
E. Afterward, Defendant B transferred the instant vehicle to F through E, etc., according to the Gyeonggi-do Ordinance on Delegation of Administrative Affairs.