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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Defendant is a projected vehicle on March 31, 2014 (hereinafter “instant vehicle”).
(i)A new loan agreement between the Plaintiff and the Plaintiff for a loan period of 60 months, interest rate of 5.9% per annum, 561,521 won per installment, 615,234 won per annum, and 24% per annum for delayed interest rate of 31,90,000 won (hereinafter referred to as the “instant loan agreement”).
(2) Article 8 of the Terms and Conditions of Credit Transactions contained in the Loan Agreement of this case provides that ① the Defendant shall delay the payment of the amount of installments at least twice consecutively, or ② the unpaid amount exceeds 1/10 of the installment price at least twice and the unpaid amount shall be deemed to lose the benefit of time.
3) From May 20, 2015 to October 20, 2015, the Defendant did not pay a total of 3,691,088 won under the instant loan agreement, and lost the Defendant’s interest as of October 20, 2015, as of October 18, 2015, the amount unpaid exceeds 1/10 of the installment price of 36,860,327. (4) The Defendant’s loan interest under the instant loan agreement against the Plaintiff is KRW 25,761,891, unpaid interest, KRW 830,238, KRW 550,213.
5) On January 28, 2016, the Plaintiff received dividends of KRW 1,00,00 as a mortgagee in the Suwon District Court’s Busan District Court’s Case of Motor Vehicle Auction B with respect to the instant vehicle. [Grounds for recognition] The Plaintiff did not dispute, as well as the evidence Nos. 1 through 5 (in relation to the evidence No. 2, the authenticity of the seal impression is recognized according to the result of the stamp image appraisal by the relevant appraiser C, and thus, the authenticity of the evidence No. 2 is presumed to have been established, and the purport of the whole pleadings and arguments No. 3.
B. According to the above facts of determination, the Defendant deducted 1,00,000 won from the sum of the principal and interest of the loan under the loan agreement of this case (=25,761,891 won, KRW 830,238 won, KRW 550,213) and the remaining principal and interest of which are 26,142,342 won.