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(영문) 수원지방법원 2016.06.22 2015가단59913

구상금

Text

1. The Defendant: (a) KRW 27,415,582 to the Plaintiff; and (b) KRW 5% per annum from February 10, 2015 to April 20, 2016 to the Plaintiff.

Reasons

1. Evidence (A, A2);

2. Indication of claim; and

A. On February 29, 2012, at the time when the Defendant purchased the first vehicle from the Hyundai Capital Co., Ltd. Co., Ltd. to the vehicle lease, the Plaintiff jointly and severally guaranteed the Defendant’s debt to the Hyundai Capital Co., Ltd. Co., Ltd.

B. The Defendant did not pay the lease price, and filed a claim with the Plaintiff for the payment of the lease price (Seoul District Court Decision 2014Da50021). On February 9, 2015, the Plaintiff paid KRW 27,415,582, including the principal and interest, to the Hyundai Capital Capital Resolution Co., Ltd.

C. Therefore, the Defendant, as the date of exemption from the indemnity amounting to KRW 27,415,582, and subsequent to the date of exemption, ought to pay to the Plaintiff 5% per annum as stipulated in the Civil Act from February 10, 2015 to April 20, 2016, which is the date of delivery of a copy of the instant complaint, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Judgment by public notice (Articles 208 (3) 3, and 194 through 196 of the Civil Procedure Act).