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(영문) 대구지방법원 2019.12.20 2018가합2169
할부금 등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 686,611,823 and KRW 223,450,467.

Reasons

1. Determination as to the cause of claim

A. (1) Around September 2, 2009, the Plaintiff succeeded to the rights and obligations related to credit, such as facility leasing, installment financing, car siren, etc., including claims against the Defendants by the company prior to the division (hereinafter “the company prior to the division”).

(2) On March 2, 2007, the Company entered into an installment financing agreement (hereinafter “instant agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the terms of KRW 274,200,000, the installment period of KRW 48 months, the interest rate of KRW 13% per annum, and the overdue interest rate of KRW 24% per annum (Provided, That from April 30, 2018, the rate of KRW 16% per annum) with respect to three wing vehicles with 14 tons of freezing wing.

On the same day, Defendant C guaranteed the above debts to the company prior to the division of the Defendant Company.

(3) Prior to the division, the Defendant Company terminated the instant agreement on March 11, 2008 on the ground of the installment payment delay of the Defendant Company, and applied for the payment order against the Defendants for the payment of principal and interest, etc. as Seoul Central District Court No. 2008 tea21066.

As of April 22, 2008, the above court ordered the Plaintiff to pay 258,219,270 won jointly and severally, and 24% interest per annum from March 12, 2008 to the date of full payment. The above payment order became final and conclusive around that time.

(4) Meanwhile, around July 3, 2008, the Plaintiff: (a) exercised a security right on a vehicle owned by the Defendant Company; (b) (c) (d) applied for a compulsory auction on the real estate owned by the Defendant C on April 22, 2010; and (d) (c) (d) collected part of the claim upon receiving KRW 45,000,000 from the proceeds from the sale of the vehicle owned by the Defendant Company around July 20, 2010.

(5) As of June 25, 2018, the amount of the Plaintiff’s credit against the Defendants is KRW 686,611,823 in total, the principal and interest of the installment and damages for delay.

(The balance of the principal to be paid shall be KRW 223,450,467).

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