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1. The Defendant shall pay to the Plaintiff KRW 41,487,868 and KRW 40,373,245, whichever is applicable, 24% per annum from May 30, 2017 to the day of full payment.
Reasons
1. As to the Plaintiff’s petitioning for payment of principal and interest, etc. pursuant to the installment financing agreement with the Defendant on the basis of the judgment on the defense prior to the merits, the Defendant asserted to the effect that the Defendant is not qualified as the Defendant on the ground that
However, in a lawsuit for performance, the defendant is qualified for the person alleged by the plaintiff as the performance obligor, and the issue of whether the defendant is actually obligated to perform the obligation is merely a matter to be determined on the merits. Thus, the prior defense of the defendant cannot be accepted in itself.
2. Judgment on the merits
A. The ground for recognition is as follows: Gap evidence Nos. 1 through 10 and the purport of the entire pleadings. The defendant asserts that there was no agreement on installment financing with the plaintiff. However, according to each of the above evidence, the above agreement on installment financing is accompanied by a certificate of personal seal impression directly issued by the defendant, a copy of resident registration certificate, and a copy of resident registration certificate, etc., and it can be confirmed that the defendant received several times, such as telephone call from the plaintiff, etc., so it can be sufficiently recognized that the agreement was concluded between the plaintiff and the defendant. (1) On July 28, 2015, the defendant entered into an installment financing agreement with the plaintiff with the plaintiff on July 28, 2015, with interest of KRW 47.71% per annum and delay damages, and concluded an agreement on installment payment in installments over 793,600 won per annum.
(2) However, the Defendant delayed payment of the said principal and interest from February 10, 2017, and accordingly, the Plaintiff terminated the said installment financing contract.
Accordingly, the remaining installments, etc. as of May 2, 2017 are as follows:
B. According to the above facts of determination, the Defendant shall pay to the Plaintiff the sum of KRW 41,487,868 of the principal and interest, etc. and KRW 40,373,245 of the principal, as well as KRW 24% per annum from May 3, 2017 to the date of full payment.