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(영문) 대구지방법원 2016.09.06 2014가단52152
약정금등
Text

1. Defendant B’s KRW 32,00,000 as well as annual 5% from February 1, 2014 to June 20, 2016, and the next day.

Reasons

1. Defendant B

(a) Indication of claims: To be stated in the corresponding part of the grounds for the claims;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Litigation Act;

C. Partial termination portion: The Plaintiff claimed damages for delay at the rate of 20% per annum from the date following the delivery date of the complaint to the date of complete payment. However, the date on which the copy of the complaint was served to Defendant B is clearly recorded in the record on June 20, 2016, and the interest rate applicable from the following day is 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.

2. Defendant C’s portion

A. In full view of each of the statements in Gap evidence Nos. 3, 4, 5, and 6 (including the serial number; hereinafter the same shall apply) without dispute between the parties to the judgment as to the cause of the claim, or comprehensively taking account of the whole pleadings in Gap evidence Nos. 3, 4, 5, and 6 (including the serial number; hereinafter the same shall apply), on August 9, 2013, the plaintiff purchased KS3 vehicles through introduction of defendant Eul and thereafter registered the transfer of ownership in the name of defendant D. The above vehicle was repaired and sold to the non-party F. On September 3, 2013, the defendant Eul registered the transfer of ownership of the above vehicle to Hyundai Capital Co., Ltd. on the same day without the plaintiff's permission; on the same day, the defendant Eul and Eul loaned the above vehicle to Hyundai Capital Co., Ltd. with the secured claim of KRW 9 million; on September 12, 2014, the plaintiff could recognize the total amount of the secured debt of the above mortgage, KRW 7,719,706,707.7.4.7.7.

Thus, Defendant C jointly with Defendant B, barring any special circumstance, shall be 8,469,763 won and the following day after the due date for payment pursuant to the above agreement, 5% per annum prescribed by the Civil Act from September 16, 2014 to December 16, 2014, and 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to September 30, 2015.

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