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The defendant shall pay to the plaintiff the amount of KRW 51,50,996 and the amount of KRW 32,905,836 from February 4, 2020 to the date of full payment.
Reasons
1. Basic facts
A. The Defendant faithfully implemented the Plaintiff’s terms and conditions and concluded an agreement with the following terms and conditions.
1) Long-term siren Loan on April 20, 2018: Lending on April 20, 2018: The loan period of 762,571 Won: The overdue interest rate of 60 months: 24% (at the time of arrears for 30 days or more: the contract type: the contract type for the loan: 8,000,000 won: the date of loan: the repayment method on November 21, 2019: the overdue interest rate of 60-month installments interest rate of 12.9% per annum; record agreement types;
B. The Defendant terminated the long-term siren agreement on January 22, 2020, in violation of Article 18(1) of the terms and conditions of the Plaintiff, and lost the benefit of time by delinquency in repayment of the principal and interest under the loan agreement.
C. Under the long-term rental car agreement, the principal amount is KRW 29,914,398, the value-added tax is KRW 2,991,438, the penalty is KRW 10,444,135, interest and overdue interest, etc. totaling KRW 43,587,324, and the remaining principal amount of the loan according to the loan agreement is KRW 7,896,420, interest and overdue interest are KRW 67,252.
The defendant did not return the above vehicle until the date of closing the argument in this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of claim, the defendant's total amount of KRW 51,50,996 and KRW 32,905,836 of the total amount of principal and value-added tax after termination of the long-term rental car agreement with the plaintiff pursuant to the long-term rental car agreement shall be 24% per annum from February 4, 2020 to the day of full payment, KRW 10,44,135 of the agreed interest rate, KRW 12% per annum from March 17, 2020 to the day of full payment, from March 17, 2020 to the day of full payment, and KRW 7,896,420 of the remaining principal of the loan under the loan agreement, the interest rate per annum 9% per annum, which is the agreed interest rate for delay from February 4, 202 to the day of full payment.