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(영문) 서울중앙지방법원 2016.06.03 2016나15951

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On April 20, 2010, the Plaintiff entered into an automobile lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the following terms (hereinafter “instant first lease agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation under the said first lease agreement.

Type of automobile: 16,00 acquisition cost: Lease cost and method of payment for 36 months: 3,162,800 won per month, and interest rate on cash deposit on the 20th day of each month: 11.7435% per annum: 24% per annum; Principal and interest repayment method;

B. On June 18, 2010, the Plaintiff entered into an automobile lease agreement with the Defendant Company with the following terms (hereinafter “instant second lease agreement”), and the Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the said second lease agreement.

The name of a model: the lease period of 84,00,000 won for M.Benz S63 AMG acquisition cost: 36 months: 2,942,200 won for monthly lease and payment method: the interest rate of cash deposit on the 22th day of each month: 15.7345% per annum: 24% per annum: equal repayment of principal and interest.

C. The Defendant Company did not pay monthly rent from March 20, 201 to be paid pursuant to the instant first and second lease agreements, and continued to delay the Plaintiff’s demand to pay the rent within a reasonable period of time.

Accordingly, on August 10, 201, the Plaintiff terminated all the above 1 and 2 lease agreements. D.

The balance of principal and interest on bonds under the instant first lease contract is KRW 117,243,792 in total ( KRW 46,567,388, such as principal, KRW 70,676,404, etc.) as of September 18, 2014. The balance of principal and interest on bonds under the instant second lease contract is KRW 88,171,268 in total as of September 19, 2014 ( KRW 57,986,632, interest, etc.).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including provisional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants shall jointly and severally serve as the Plaintiff, barring any special circumstance.