beta
(영문) 수원지방법원 2016.06.22 2015가단58132

리스이용대금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 14,694,736 as well as KRW 13,751,502 among them, from May 12, 2016.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) paid monthly rent of KRW 711,460 to the Plaintiff for 24 months, and entered into an automobile lease agreement with the Plaintiff at a rate of 25% per annum, setting the overdue interest rate as 25% (hereinafter “instant lease agreement”), and succeeded to the lease of an Aridi A-4 vehicle.

B. Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff under the instant lease use agreement up to KRW 28,235,139.

C. The Defendant Company lost the benefit of time due to the delayed payment of the above lease fee for three months or more; the Defendant Company, following the return of the said leased vehicle, sold the said vehicle through the public sale procedure, and then appropriated the sale price for the repayment of the lease-use fee owed by the Defendant Company; the Defendant Company’s liability for the lease-use fee calculated on May 11, 2016 is KRW 14,694,736; and the principal amount is KRW 13,751,502.

[Ground of recognition] Facts without dispute, Gap 1-3 each entry, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 14,694,736 and the principal amount of KRW 13,751,502, interest rate of KRW 25% per annum from May 12, 2016, the following day of the above calculation base date to the date of full payment, and Defendant B is liable to pay the Plaintiff damages for delay within the limit of KRW 28,235,139.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.