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(영문) 부산지방법원 2017.07.12 2016가합1819
할부금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 135,364,321 as well as the interest rate from September 22, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 4, 2014, Defendant A Co., Ltd. (hereinafter “A”) concluded an installment financing agreement with the Plaintiff (hereinafter “instant installment financing agreement”).

On the other hand, the plaintiff paid installment financing of KRW 300 million, and the defendant A took over the port, which is the object of the contract of this case, from the Green Construction Co., Ltd. around that time.

The installment financing (application) installment financing: A seller of the board of installment financing: The amount of installment financing: The overdue interest rate of 63 months (the grace period: 8% per annum) for the repayment period of KRW 300 million: 25% per annum: the date of execution by 25% per annum and the due date: Articles 7 (Initial Payment and Damages for Delay) and 8 of the installment financing agreement between August 4, 2014 and November 4, 2019 (the first payment and damages for delay).

Article 16 (Matters not Specified in this Clause) The terms and conditions of credit transactions shall apply to the interpretation of the terms and conditions not specified in this Article.

Article 4 (Bearing of Expenses) (1) The obligor shall bear the following expenses incurred due to the occurrence of a cause of default or loss of time limit:

1. Expenses incurred in preserving (including termination) the exercise of rights, such as claims and security interests, by financial companies, to the debtor, the guarantor, or the surety;

2. If any of the following events occurs with respect to an obligor, the obligor is obligated to pay expenses incurred in the investigation, collection, and disposal of collateral.

2. The payment of the principal and interest of installment payments or installment payments shall be made not less than twice (in the case of a mortgage loan against household systems, three times); and

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