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(영문) 춘천지방법원강릉지원 2015.08.18 2015가단775
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 35,33,520 won and the above 32,479,450 won among the above amounts. From February 7, 2015.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Defendants: (a) around May 23, 2014, entered into an agreement on installment financing [ur loan] [application] with the following used cars (hereinafter “Defendant A”); (b) Defendant A (hereinafter “Defendant A”).

(2) Defendant B signed and sealed each of the joint and several sureties. Defendant B signed and sealed the principal of the loan terms, interest rate of KRW 35,00,00 per annum, interest rate of KRW 19.4% per annum, and period of 48 months basic transaction terms and conditions (Article 8 (Duty of Repayment before maturity) of the Loan Terms and Conditions) (2) In the event that any of the following events occurs with respect to an obligor, the obligor is obligated to automatically lose the benefit of the loan term and pay it. In this case, the finance company shall notify the obligor and the joint and several sureties of the fact that the delay in the performance of the following obligations and the loss of the benefit arising therefrom is caused three business days prior to the date of loss of the due date. If the finance company did not notify the obligor three business days prior to the date of loss of the due date, the obligor is obliged to pay it immediately after the lapse of three business days after the date of actual notice. 2. The Plaintiff was obligated to pay the principal and interest on the loan under the name of the above used vehicle in question 20.

3) On May 27, 2014, Defendant A created a mortgage on the claim amounting to KRW 17,500,000 with respect to the instant passenger car. (4) The Defendants paid KRW 5,245,370,00 in an ordinary amount from June 23, 2014 to October 24, 2014.

Since November 2014, the Defendants failed to pay the principal and interest of the installment during the period of 12.3 months and 12.2 months, the Plaintiff notified the Defendants of the scheduled termination of the contract on December 23, 2014.

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