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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 13, 2016, D purchased the Plaintiff and E, ABA8 Motor Vehicle (hereinafter “instant motor vehicle”), and entered into an agreement on the loan of KRW 95,000,000 from the Plaintiff to May 13, 2020 during the loan period from June 13, 2016 to May 13, 2020, under which the agreement entered into an agreement on the loan of KRW 13.9% per annum (hereinafter “instant loan agreement”); and the said loan was referred to as “the instant loan obligation”).
B. On June 14, 2016, D created a collateral security interest of KRW 95,00,000 on the instant automobile in order to secure the instant loan obligation.
C. As to the instant automobile, D transferred its ownership to F Co., Ltd. on July 8, 2016, and F Co., Ltd. transferred its ownership to the Defendant on August 23, 2016.
D The loans to be repaid to the Plaintiff under the instant loan agreement are KRW 122,98,231 as of May 25, 2018 (i.e., principal interest of KRW 88,94,218 overdue interest of KRW 31,959,99 at normal interest of KRW 2,094,014).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The Plaintiff’s assertion D transferred the ownership of the instant automobile to F without the Plaintiff’s consent and lost the benefit of the time limit for the instant loan obligations pursuant to the instant loan agreement. Since F Co., Ltd. to which the ownership of the instant automobile was transferred and the Defendant, who transferred the ownership thereof, agreed to succeed to the instant loan obligations at the time of purchase of the instant automobile, the Defendant is obligated to repay the instant loan obligations to the Plaintiff.
3. Determination
A. According to the statements in Gap evidence Nos. 6 and 7, Article 9 of each automobile transfer certificate submitted to the competent authority at the time of the transfer registration of ownership as to the automobile of this case is transferred to the assignee without paying the installment.