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(영문) 수원지방법원 안산지원 2018.12.05 2018가단65111

보증채무금

Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 163,654,576 and KRW 159,031,483, whichever is applicable, from July 18, 2018 to the day of full payment.

Reasons

On January 3, 2018, the Plaintiff entered into a contract for facility leasing with B (hereinafter referred to as “B”) on a lease term of 60 months, monthly lease rate of 2,796,600 won, annual damages rate of 24%, and the Defendant, the representative director of B, as the price of the foregoing vehicle, and the guarantee period of B’s obligation under the facility leasing contract of B, setting the guarantee period as the lease term of 168,015,00 won.

Meanwhile, the terms and conditions attached to the Framework Agreement on Credit Transactions, which are incorporated into the foregoing contract, provide that the customer may not engage in any act that may infringe on the rights and justifiable rights of the financial company, such as providing the goods to a third party for the purpose of security without the prior written consent of the financial company (Article 14 Subparag. 4). In addition, if the preservation of claims by the financial company is anticipated to have a substantial risk to the preservation of claims by the financial company, the financial company shall urge the customer to resolve the cause of the occurrence in writing, and if the customer fails to resolve the occurrence by the deadline set by the financial company not less than 10

(B) On July 2, 2018, the Plaintiff notified the Defendant of the scheduled termination of the contract to rectify the violation by July 13, 2018, and the Defendant notified the Defendant of the termination of the contract on July 16, 2018.

As a result of the settlement following the termination of the above facility lease agreement as of July 17, 2018, the Defendant’s debt amount to the Plaintiff is KRW 4,963,464, 631,491, 19,98, 153,436,528, 4,603,095, 163,654,576.

【Legal basis for recognition” 【No. 1-5 and No. 7 (including virtual numbers)’, and the purport of the entire pleadings.