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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 488,378,374 and KRW 16,948,712 from May 18, 2018.
Reasons
1. Basic facts
A. International limited partnership company (hereinafter “I”) is a company whose business purpose is passenger transport business, etc., and the Defendants are partners with unlimited liability of the said company.
B. The Plaintiff is a company that conducts installment financing business, etc., and entered into an installment financing contract with I [Attachment 1], and the loan (hereinafter attached Table 1 / [the "each of the instant loans" in entirety of the first and fourth loans borne by I according to the terms and conditions of installment financing contract, and each of the loans according to the sequences above was executed (hereinafter "the instant loan").
- Terms and conditions of installment financing contract / [Attachment 1] - The amount of financed goods (motor vehicles) loaned during the loan period (the annual interest rate of 170,000,000,000 5.1% 24% on November 21, 2014 on the date J54 months and/or J 170,000,000 24% on November 21, 2014 160,000,000 6.5% on June 24, 2015 240,000,000,000 for L 54 months on June 30, 2015 and 19% on July 17, 2015, M 60 months,00,000,000,006. 5% on June 19, 200
C. Article 8 subparag. 3 of the Terms and Conditions of Credit Transactions, which are the terms and conditions of each of the instant loan agreements, provides that “When an application is filed for bankruptcy, rehabilitation, or commencement of individual rehabilitation procedures against a debtor who is a user of installment financing, or an application is filed for registration in a register of defaulters, the debtor is obligated to pay the debtor immediately due to the loss of the debtor’s interest due to the absence of the plaintiff’s demand or notification.” Article 4 of the Terms and Conditions of Credit Transactions provides that “The debtor shall immediately reimburse the expenses incurred in exercising, preserving, and demanding any right, such as claims and security, arising from the occurrence of the cause for loss of the benefit due,
However, on February 8, 2017, Daejeon District Court 2017Kahap5005 applied for rehabilitation procedure. Accordingly, rehabilitation procedure for the company was commenced on March 7, 2017, and the rehabilitation plan was approved on October 27, 2017.
E. Accordingly, around February 20, 2017, the Plaintiff lost the benefit of time for each of the instant loans to I.