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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 15, 2010, the Plaintiff and the Defendant entered into a installment financing contract (hereinafter “instant contract”) with respect to “Inti G37 consortiums” vehicles (sale price: KRW 72,90,00,00, hereinafter “instant vehicle”). The instant contract states that the Plaintiff shall pay 14,580,000 to the Defendant, and the Defendant shall pay 58,320,000 won to the remainder of the principal (=72,90,000,000 - 14,580,000 won to the Defendant).
B. In the instant contract, when the principal, interest, installment payments, etc. that the Plaintiff is liable to pay to the Defendant is not paid for 30 days from the date of the payment (However, the Defendant shall notify the Plaintiff of the fact that the Plaintiff delayed the payment of the principal, etc. above, and if the Plaintiff fails to pay it within the remaining period, no later than 3 business days prior to the loss of the benefit of time due to the loss of the interest, as a matter of course), the Plaintiff agreed that the payment of the principal, etc. above shall be made more than two consecutive times, and
C. On December 15, 2012, the Plaintiff paid KRW 248,569 to the Defendant, but did not pay the remainder monthly installments of KRW 1,034,431 ( KRW 1,283,000 - 248,569). Accordingly, the Defendant sent the Plaintiff’s address indicated in the instant contract, the notice of expected loss of benefit on January 4, 2013, and the notice of expected loss of benefit on January 24, 2013.
On January 24, 2013, the Defendant filed an application for voluntary auction on the instant vehicle with Suwon District Court D, and the said decision to commence the auction reached the Plaintiff on January 31, 2013, and on February 19, 2013, the Defendant completed the delivery execution on the instant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. The plaintiff's assertion is as follows.