(영문) 수원지방법원 2019.01.15 2018나8344 | 리걸엔진

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(영문) 수원지방법원 2019.01.15 2018나8344

할부금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. Basic facts

A. On December 15, 2010, the Plaintiff and the Defendant entered into a installment financing contract (hereinafter “instant contract”) with respect to “Inti G37 consortiums” vehicles (sale price: 72,90,000,000, and hereinafter “the instant vehicle”). The instant contract states that: (a) the Defendant shall pay the Plaintiff the amount of KRW 14,580,000 with the advance payment; and (b) the remainder principal amount of KRW 58,320,000 (=72,90,000 - 14,580,000) with the installment payment of KRW 1,283,00 for 60 months; and (c) the agreed interest rate of KRW 11.5% per annum; and (d) the rate of delay in the agreement is 25% per annum.

B. The Plaintiff and the Defendant agreed in the instant contract that when the principal, interest, installment, etc. that the Defendant is liable to pay to the Plaintiff is not paid for 30 days from the due date (However, if the Plaintiff delayed payment of the principal, etc. of the Defendant and fails to pay it within the remaining period, it shall be notified to the Defendant not later than 3 business days before the due date would be lost as a matter of course). The Defendant did not pay the said principal, etc. to the Plaintiff more than twice consecutively, and if the unpaid amount exceeds 1/10 of the due date, the fixed

C. The Defendant, on December 15, 2012, ordered the Plaintiff to do so.

Although 248,569 won was paid from the installment payments written in this paragraph, the remaining monthly installments of 1,034,431 won (i.e., 1,283,000 won - 248,569 won) was not paid. Accordingly, the Plaintiff was the Defendant’s address as stated in the instant contract, and the Plaintiff was on January 4, 2013.

On January 24, 2013, the notice of expected loss of benefit within the time limit stated in the paragraph was sent. D.

On January 24, 2013, the Plaintiff filed an application for voluntary auction of the instant vehicle with the Suwon District Court (Case Number D), and the decision to commence the said auction reached the Defendant on January 31, 2013, and on February 19, 2013, the delivery execution (Case Number: Suwon District Court E) regarding the instant vehicle was completed.

[Ground of recognition] There is no dispute.

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