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(영문) 수원지방법원안산지원 2017.04.07 2016가단53572
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 26,142,342 and the amount of KRW 24,761,891 among them, which shall be paid in full from November 19, 2015.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) On March 31, 2014, the Defendant: (a) purchased the Plaintiff’s vehicle at a premium rate of 60 months; (b) the interest rate of 5.9% per annum; (c) the first installment of 561,521; (d) the 615,234 won per annum; and (e) the second installment of 31,90,000 won as loans (hereinafter “the instant loan agreement”).

(2) According to Article 8 of the General Terms and Conditions for Credit Transactions included in the foregoing Agreement, if the Defendant delays the payment of the payment on more than two consecutive occasions, or (2) fails to pay the payment on more than two occasions and the unpaid amount exceeds 1/10 of the installment price, the Defendant shall be deemed to lose the benefit of time.

3) From May 20, 2015 to October 20, 2015, the Defendant did not pay a total of 3,691,088 won under the instant loan agreement, and lost the Defendant’s interest as of October 20, 2015, as of October 18, 2015, the amount unpaid exceeds 1/10 of the installment price of 36,860,327. (4) The Defendant’s loan interest under the instant loan agreement against the Plaintiff is KRW 25,761,891, unpaid interest, KRW 830,238, KRW 550,213.

5) On January 28, 2016, the Plaintiff received dividends of KRW 1,00,000 as a mortgagee in the Suwon District Court-funded Automobile Auction B with respect to the foregoing vehicle as a collateral security (the fact that there is no dispute over the grounds for recognition, the entries in Gap’s evidence 1 through 5, and Eul’s evidence 3, and the purport of the whole pleadings, as a whole.

B. According to the above facts, the Defendant is obligated to pay damages for delay calculated at the rate of 24% per annum, which is the rate of delay damages, from November 19, 2015 to the day of full payment, to the day of full payment, as to KRW 26,142,342, and the remaining principal and interest of KRW 24,761,891 (the Plaintiff is seeking to cover the principal and interest of KRW 1,00,000,000), which is the rate of delay damages, calculated by deducting the amount of KRW 1,00,000,000 from the sum of principal and interest of the loan under the loan agreement in this case (25,761,891, KRW 830,238,213).

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