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(영문) 창원지방법원진주지원 2019.01.17 2018가단34151
소유권이전등록
Text

1. The Plaintiff:

A. As to Defendant C’s KRW 2,342,313 and KRW 2,150,234 among them, Defendant C shall be from June 13, 2018, and KRW 192,079.

Reasons

1. Determination as to the cause of claim

A. On March 27, 2015, the network G agreed that, in order to purchase the instant vehicle, KRW 12.4 million per annum, 5.9% per annum, interest rate of KRW 5.9% per annum, 60 months during the lending period, and interest rate of KRW 24% per annum, the Plaintiff and interest were delayed for 14 days from the time when the Plaintiff and interest were paid. 2) After that, the network G purchased the instant vehicle on March 31, 2015 and registered it.

3) The deceased on May 15, 2017, and the Defendant D, E, and F, who is the husband of the female, succeeded to the G. 4) The Defendants lost the benefit of time due to delayed payment of the loan interest since December 2017.

In June 12, 2018, the Defendants’ obligations against the Plaintiff as of June 12, 2018 are as follows:

Defendant C 2,150,234 Won 192,079 Won 2,342,313, each of the remaining Defendants 1,561,542 Won 1,561,542 Won 6,450,704 Won 576,235 Won 7,026,939 [based on recognition]] in the absence of any dispute, each of the entries in Gap evidence 1 through 4 (including serial numbers), and the purport of the whole pleadings.

B. 1) According to the above facts of recognition, Defendant C claimed damages for delay from June 23, 2018, after serving a copy of the instant complaint on KRW 2,150,234, the principal of which was the Plaintiff, and from June 13, 2018, KRW 192,079, interest and delay damages, and the damages for delay from June 23, 2018 (the Plaintiff claimed damages for delay from June 13, 2018). However, it should be deemed that the damages for delay from the date following the delivery of a copy of the instant complaint due to an obligation with no fixed deadline.

hereinafter the same shall apply.

The rate of delay damages calculated at the rate of 24% per annum from the date of full payment, and the remaining Defendants shall be the rate of 24% per annum from June 13, 2018, respectively, and from June 13, 2018, 128,053 won with interest and delay damages, and from June 23, 2018, a copy of the complaint of this case from June 23, 2018 to the date of full payment.

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