(영문) 의정부지방법원 2019.11.22 2018나6809

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(영문) 의정부지방법원 2019.11.22 2018나6809

할부금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1, 3, and 4, and Eul evidence Nos. 1 and 2, and no counter-proof exists:

C Co., Ltd. (hereinafter “C”) entered into an installment financing agreement with the Defendant on June 18, 2015 (hereinafter “instant agreement”). The content of the agreement was that D Co., Ltd. (hereinafter “D”) set up in Defendant’s housing solar power plants and solar electric boiler at KRW 6,80,000,000, whichever is 80,000, the Defendant paid to D on the date of installation of the above equipment, and the remainder of 6,000,000,000, which is a credit provider on behalf of the Defendant, shall be paid to C in monthly installments over 36 months, and the Defendant decided to pay the above 6,00,000,000 to C with its overdue interest rate at KRW 24% per annum.

B. The Defendant paid C the amount of KRW 212,00 on July 27, 2015 as the installment payments under the instant agreement, and paid five times before and after August 25, 2015 to December 28, 2015, and began to pay the said installment from January 2016 to December 28, 2015.

C. On June 27, 2016, the Plaintiff merged C.

2. The assertion and judgment

A. (1) The plaintiff's assertion has lost the benefit of time due to the overdue payment of the installment payment under the agreement of this case. Thus, the defendant is obliged to pay the plaintiff the outstanding principal and interest of this case and delay damages due to the agreement of this case.

(2) According to the above facts of recognition, since the defendant delayed the payment of the installment payment under the agreement of this case and lost the benefit of time, the defendant is liable to pay the plaintiff the unpaid installment and the delayed payment pursuant to the agreement of this case, barring special circumstances.

Meanwhile, according to the statement in Gap evidence No. 2, the defendant's obligation to the plaintiff as of December 19, 2017 is 6,576,931 won recovered principal.

유사 판례

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