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1. The defendant jointly and severally with the non-party C to the plaintiff KRW 71,675,537 and KRW 58,78,861 among them shall be from June 5, 2020.
Reasons
Judgment on the Grounds of Claim
A. (1) On June 19, 2015, the Plaintiff entered into an automobile installment financing contract with the Defendant on the terms and conditions of equal repayment of the principal and interest of KRW 138 million per annum, interest rate of KRW 9.9% per annum, 60 months, monthly installments of KRW 20,925,306, and leased KRW 138 million per annum, and C jointly and severally guaranteed the Defendant’s obligation under the said installment financing contract.
(2) On June 4, 2020 under the above installment financing contract, the Defendant lost the benefit of time due to delay in the payment of installments under the above installment financing contract. The amount of debt as of June 4, 2020 is KRW 58,778,861, and overdue interest of KRW 12,587,498,217, as well as interest of KRW 299,217, as well as overdue interest of KRW 9,961, as well as KRW 71,675,537.
(3) The rate of damages for delay to the installment payments under the above installment financing contract is 12.9% per annum, and the rate of damages for delay to the legal action cost is 6% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 7, purport of whole pleading
B. According to the above facts of recognition, the defendant is jointly and severally liable to pay to the plaintiff Da (the payment order in this case against the plaintiff, jointly and severally with the defendant, for the payment of the same money as the written claim in the claim for compensation, the total amount of 71,675,537 won, and the principal amount of 58,78,861 won, 12.9% per annum from June 5, 2020 to the day of full payment, and 29,217 won for the legal action expenses, 6% per annum from June 5, 2020 to the day of full payment.
2. Conclusion, the plaintiff's claim of this case is justified.