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1. Defendant C: (a) KRW 30,000,000, and 5% per annum from October 10, 2012 to March 31, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On October 10, 2012, the Plaintiff entered into a contract to purchase DNAS car owned by the Defendant C (hereinafter “instant vehicle”) at KRW 30,000,000 as a broker of Defendant B, who engages in a used vehicle sales business.
(2) According to the terms and conditions attached to the instant sales contract, the Plaintiff was allowed to refuse to pay installment payments to the Defendant Company in the event the sales contract for an automobile with the seller’s automobile was null and void, cancelled, or terminated (Article 10(1)1). In the defense of the refusal of payment, the Plaintiff notified the Defendant Company of such intent, and the amount of the refusal of payment is limited to the remaining installment payments for which the payment date has not elapsed.
(Article X(2). (b)
On the same day, the Plaintiff and the Defendant Company entered into a mid-term loan agreement (hereinafter referred to as the “instant loan agreement”) with the content that the Plaintiff agreed to pay the instant vehicle in installments over 36 months by setting the annual interest rate of KRW 30,000,000,000, and the Plaintiff agreed to lend the vehicle at the interest rate of KRW 27.9% per annum.
The Defendant Company paid the instant vehicle price accordingly.
C. After the instant loan contract, the Plaintiff returned the instant vehicle to Defendant B who arranged the instant sales contract.
Accordingly, the instant vehicle, which was registered under the name of the Plaintiff on October 16, 2012 in the name of Defendant C, was transferred again in the name of Defendant C on November 19 of the same year, and was transferred again in the name of Defendant C on December 5 of the same year, and transferred again in the name of Defendant C on April 4, 2013.
From November 12, 2012 to September 29, 2014, the Plaintiff paid to the Defendant Company KRW 28,727,057 in total with installment payments, interest, and commission under the instant loan agreement.
[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, Gap evidence 4, Gap evidence 7, Gap evidence 14, and pleadings.