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1. The Plaintiff:
A. As to KRW 49,213,297 and KRW 27,538,224 among them:
B. The defendant A is jointly and severally liable with the defendant.
Reasons
1. Facts of recognition;
A. Defendant A and Nonparty A (hereinafter “the deceased, and Defendant A, etc.”) entered into a general loan agreement between the Plaintiff on September 17, 2010 with a contract term of 60 months, interest rate of 12.73% per annum, and overdue interest rate of 24% per annum, to purchase a motor vehicle with the deceased and the Defendant A “I, etc.” (hereinafter “the instant motor vehicle”). The Plaintiff borrowed KRW 33,210,000 from the Plaintiff.
At the time, Defendant A, etc. approved the application of the basic terms of credit transaction and agreed to pay damages for delay when delayed payment of installment payments.
B. From April 17, 2012, Defendant A, etc. lost the benefit of time by delaying the payment of monthly installment payments for the said loan from April 17, 2012, and the Plaintiff terminated the said loan agreement on June 29, 2012.
C. After that death, the deceased died, and his inheritor is the defendant C and D, who is the spouse of the defendant B and D.
As of July 29, 2015, the balance of the principal and interest of loans is KRW 49,213,297 (=the principal and interest interest of KRW 27,538,224) (the legal procedure cost of KRW 21,035,573).
[Ground of recognition] For Defendant A: Confession (Article 150(1) and (3) of the Civil Procedure Act) (Article 150(1) of the Civil Procedure Act) with respect to the remaining Defendants: The absence of dispute, entry of evidence A 1-3 and the purport of the whole
2. According to the facts of the above recognition, Defendant A and D are liable to pay the Plaintiff the amount of KRW 49,213,297,297 and the principal of the loan principal of KRW 27,538,224 to the Plaintiff; Defendant A and the Defendant A jointly and severally liable to pay the amount of KRW 21,091,413 (=49,213,297 x 3/7) and KRW 11,802,096 (=27,538,224 x 3/7 x 3/7); Defendant C and D are liable to pay damages for delay at the rate of KRW 14,060,942 (=49,213,297 x 2,297 x 2/7 x 2/7); and to pay damages for delay at the rate of KRW 27,538,224 x 227/7).
As to this, the defendant B was defective in the automobile of this case.