beta
(영문) 서울중앙지방법원 2016.01.27 2015가단5332295

사용료

Text

1. The Defendant: KRW 34,689,517 among the Plaintiff and KRW 34,358,604 among the Plaintiff and KRW 34,358,604 on July 28, 2015.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a stock company B on December 3, 2011 (hereinafter “foreign company”).

) and C Ecuas car (hereinafter referred to as “instant car”)

2) The term “instant lease agreement” refers to a contract under which the term of the agreement is 48 months, monthly rent of KRW 1,669,700, and overdue interest rate of KRW 24 per annum (hereinafter referred to as “instant lease agreement”).

(2) On June 30, 2015, the Defendant, as the representative of the non-party company, jointly and severally guaranteed the non-party company’s obligations under the instant lease agreement. (3) On the same day, the Plaintiff urged the non-party company to pay the lease fee, and notified the non-party company that the lease contract will be terminated on the same day if the non-party company did not pay the lease fee in full.

However, the non-party company did not pay the overdue rent within the period of time.

3) On July 27, 2015, upon the termination of the instant lease contract, the details of the debt to be paid to the Plaintiff by the non-party company as of July 27, 2015 are as shown in the attached Form No. 1 (No. 1) and the purport of the entire pleadings.

B. The Defendant, as a joint and several surety, is obligated to pay the Plaintiff damages for delay calculated at the rate of 24% per annum from July 28, 2015 to the date of full payment, with the agreed interest rate of 34,358,604 won, excluding damages for delay and expenses for late payment.

2. The plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed.