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(영문) 서울중앙지방법원 2016.07.06 2015나49162

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The cost of participation in the proceedings.

Reasons

1. Facts of recognition;

A. On September 15, 2010, the Plaintiff: (a) concluded the instant lease agreement with C Co., Ltd. (hereinafter “instant company”); (b) on September 15, 2010, the Plaintiff: (c) determined the Bo XC60 as the leased amount of KRW 67,613,720; (d) the lease interest rate of KRW 13.098; (e) the overdue interest rate of KRW 24%; (e) the installment period of KRW 36 months; and (e) the repayment method of the principal and interest equal (hereinafter “instant lease agreement”); and (e) the instant lease agreement was terminated on the wind that the instant

Lease fees unpaid as of February 16, 2015 are principal 14,024,925, overdue interest 4,995,995,920,920 won.

B. The lease contract of this case is written by the Defendant as a joint and several surety, and the Defendant’s certified copy of the resident registration, the withholding tax receipt for wage and salary income, the certified transcript of corporate register, and the copy of the driver’s license (hereinafter “instant documents”) issued as of September 14, 201 was submitted at the time of the lease contract

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The plaintiff asserted that the plaintiff entered into the lease contract of this case with the company of this case under the defendant's joint and several guarantee, and that the contract of this case was terminated due to delinquency in rent of the company of this case, the plaintiff sought payment of unpaid KRW 19,020,920 (principal principal KRW 14,024,925, overdue interest, overdue interest KRW 4,995,995) against the defendant, and that there was no joint and several guarantee under the lease contract of this case, and there was no signature or seal on the joint and several guarantee column of the lease contract of this case (Evidence 1).

3. Although there is no evidence to acknowledge the authenticity of the joint and several sureties column of the lease contract of this case, the column of the joint and several sureties No. 1 cannot be used as evidence to acknowledge the defendant's joint and several sureties, and there is no other evidence to acknowledge the fact that the defendant provided joint and several sureties for the lease contract of this case as alleged by the plaintiff, the plaintiff's assertion is no longer necessary.