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(영문) 서울중앙지방법원 2016.04.20 2015가단138481

해지금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 44,972,607 and KRW 41,249,731 among them.

Reasons

1. Facts of recognition;

A. The Defendant A Co., Ltd. (hereinafter “Defendant A”) purchased BMW 420d vehicles (C) and entered into a financial lease agreement with the Plaintiff on December 8, 2014, setting the amount of KRW 45,00,000, contract period of KRW 60 months, lease fees of KRW 819,069 (payment on January 25), overdue interest rate of KRW 24%, and the Defendant B jointly and severally guaranteed the Defendant Company’s lease obligations.

B. From June 25, 2015, Defendant Company lost the benefit of time due to the payment of rent, and on August 4, 2015, the Plaintiff notified the Defendants of the termination of the lease agreement.

The obligations of the Defendant Company following the termination of the lease agreement shall be as shown in the attached Form as of August 7, 2015.

"Other items" are 140,00 won of fine for negligence in violation of speed and 259,350 won of automobile tax). 【The grounds for recognition】 Evidence Nos. 1 through 4, and the purport of the entire pleadings.

2. According to the facts found above, the Defendants are jointly and severally liable to pay jointly and severally to the Plaintiff the unpaid rent of KRW 44,972,607 ( KRW 41,249,731 + KRW 1,638,138 + KRW 120,461 + KRW 327,436 + KRW 1,237,491 + KRW 399,350) and the remaining principal amount of KRW 41,249,731 per annum from August 8, 2015 to the date of full payment.

As to this, Defendant B alleged to the effect that the actual user of the vehicle is D, but it is not possible to oppose the Plaintiff, the other party to the contract, for such internal reason.

3. The plaintiff's claim for conclusion is justified and acceptable.