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1. The judgment of the first instance court, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:
Reasons
1. The reasons stated in this part of this Court’s reasoning are as follows: “The Plaintiff paid KRW 13,587,417 in total as the installment of the instant vehicle’s security loan from May 2, 2013 to April 2, 2015, the Defendant received KRW 2,753,522 in total from April 30, 2013 to December 30, 2013; “No. 2,753,522” in Chapter 14 is as stated in the main sentence of Article 420 of the Civil Procedure Act, except that the Plaintiff paid “No. 2 through 4” as “No. 2 through 8” and it is as stated in Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. According to the above facts, the defendant is obligated to pay to the plaintiff 10,83,895 won (i.e., the total of 13,587,417 won paid by the plaintiff to the plaintiff instead of the defendant - the total of 2,753,52 won paid by the defendant to the plaintiff) and damages for delay.
In regard to this, the defendant argued that the representative director D agreed to pay the defendant the installment of the secured loan of the vehicle of this case. However, as seen earlier, the plaintiff and the defendant agreed to pay the installment to the defendant, each description and image of the evidence Nos. 1, 2, 5, 9, 14, 16, 17 (including each number), are insufficient to reverse the above recognition, and there is no other counter-proof, and therefore, the defendant's assertion is without merit.
B. Furthermore, the Plaintiff agreed to bear the Defendant’s installment of the instant vehicle’s security loan, and on the second day of each month for which the installment payment becomes due, the Plaintiff bears the obligation to pay the amount of installments for the Athi Capital. Thus, the Defendant is obligated to pay the Plaintiff the amount at the rate of KRW 570,130,00 for the monthly installments from May 3, 2015 to April 30, 2019, regardless of whether the Plaintiff actually paid the installment to the Athi Capital. Therefore, the Defendant is obligated to pay the Plaintiff the amount equivalent to the monthly installments from May 3, 2015 to April 30, 2019.