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1. The defendant shall pay to the plaintiff the amount of KRW 57,052,962 and KRW 31,958,294 from May 14, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Defendant: (a) determined the overdue interest rate of KRW 24% per annum on September 30, 2013 from D Co., Ltd. (hereinafter “D Co., Ltd”); and (b) determined the overdue interest rate of KRW 62,400,000 on October 23, 2013 as the repayment of the principal and interest equal for 60 months; and (c) determined the overdue interest rate of KRW 24% per annum with the repayment of the principal and interest equal for 60 months.
B. On April 18, 2018, Nonparty Company transferred each of the above principal and interest claims to the Plaintiff, and notified the Plaintiff of the assignment of claims to the Defendant upon delegation by Nonparty Company.
C. The Defendant failed to repay each of the above principal and interest within each of the above periods. As of May 3, 2019, each of the above remaining loans is KRW 27,762,305 including KRW 16,788,187 including principal and KRW 29,290,657 and principal and KRW 15,170,107, including principal and KRW 15,762,305.
[Reasons for Recognition] Facts without a partial dispute, entry in Gap evidence 1 through 6 (including branch numbers in case of additional number), the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 24% per annum, which is the overdue interest rate, from May 14, 2019 to the day following the delivery of the original copy of the instant payment order, to the day of full payment (=29,290,657 won 27,762,305 won) and 31,958,294 won, which is the principal (=16,788,187 won).
In regard to this, the defendant asserted that he paid the above obligation by returning the vehicle, etc., but if the purport of the entire pleadings is added, it is recognized that the above obligation is deducted from the value, etc. of the returned vehicle, and there is no evidence to prove that the defendant paid the above obligation.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.