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1. The defendant shall pay to the plaintiff the amount of KRW 148,912,730 and the amount of KRW 91,620,839 from March 25, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On November 7, 2011, under the joint and several sureties of Defendant A (hereinafter “A”), the representative of Defendant A Co., Ltd. (hereinafter “A”), the Plaintiff entered into an installment financing contract with the effect that Defendant A and Defendant A shall equally repay to the Plaintiff the Plaintiff the principal amounting to KRW 90 million per annum, KRW 11.459% per interest rate per annum, KRW 14.459% per interest rate per annum, overdue interest rate per annum, KRW 36% per annum, and the repayment method, KRW 2,966,10 per month’s principal and interest per month (hereinafter “instant contract”).
At the time of the instant contract, the Plaintiff and the Defendants agreed to pay damages for delay on the balance of the installment financing fund from that time when the Defendants lost the benefit of time.
B. From February 7, 2012 to August 16, 2012, Defendant A Co., Ltd. began to pay monthly installments in accordance with the instant contract. The Plaintiff terminated the instant contract on the ground that the Plaintiff lost the benefit of time on August 16, 2012. At the time of termination, the amount of unpaid principal and interest was KRW 70,29,542; KRW 198,637; KRW 198,637; and the amount of overdue interest was KRW 21,122,660; KRW 91,620,839; KRW 24% per annum until March 24, 2015; and damages for delay are KRW 57,291,891 [=91,620,839 x 221/365] x 0.24];
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 7, purport of the whole pleadings]
2. According to the facts of the determination as above, Defendant A is the principal obligor of the installment payment under the instant contract, and Defendant B is jointly and severally liable to pay damages for delay at the rate of 24% per annum, 148,912,730 won (the balance of installment financing funds plus damages for delay at the rate of 24% per annum from August 17, 2012 to March 25, 2015) and the balance of the installment financing funds, among which damages for delay are paid, from March 25, 2015 to March 25, 2015.
The plaintiff claimed 33,727 won as the attempted interest of the cost to the defendants, but this is applicable.