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1. The defendant shall pay to the plaintiff KRW 51,776,850 and the amount of KRW 45,346,469 among them, from March 29, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On November 2, 2017, the Defendant purchased the instant vehicle from C Co., Ltd. (hereinafter “C”), and entered into a mid-term loan agreement (hereinafter “instant loan agreement”) with the Plaintiff through E’s manager F, an affiliated store, on November 2, 2017, setting the Plaintiff’s principal at KRW 50 million, interest rate of KRW 1.9% per annum, 36 months during the loan period, and interest rate of arrears at 25%.
B. Since then, the Defendant lost the payment of the principal and interest of the loan under the above loan agreement from January 2018, and the amount of the principal and interest due to the Defendant’s loan that was outstanding as of March 28, 2018 is KRW 51,776,850 in total (i.e., the amount of the principal and interest due to the Defendant’s loan that was outstanding as of March 28, 2018 (= KRW 45,346,469 in advance payment fee of KRW 938,849 in advance, and KRW 288,478 in late interest of KRW 5,046,870 in late interest
C. On the date of loan, the Defendant: (a) purchased the instant vehicle with the Plaintiff’s employee on the date of loan; (b) applied for the said loan while purchasing the instant vehicle; (c) knew of the content of the said loan agreement; and (d) divided the conversations with the purport that the payment of the loan is carried out by means of remitting it to E, which is an affiliated store, and that the vehicle is deemed to have been completed upon the completion
Article 1 of the Plaintiff’s Terms and Conditions of the Loan Agreement applicable to the instant loan agreement provides that “A debtor who has applied for a secondhand loan from a financial company on the terms and conditions stated in the application form for a secondhand loan/loan shall, on behalf of the principal, commission a financial company to pay the amount of the loan to the seller directly or through the party concerned who has applied for a secondhand loan, and a financial company shall pay the amount of the loan to the seller or the person concerned in the application for a secondhand loan, thereby executing the loan.”
E. The Plaintiff on January 2018