리스채무금 청구의 소
1. The Defendant’s interest rate of KRW 12,924,00 and KRW 12,162,70 among the Plaintiff shall be from February 13, 2015 to the full payment day.
1. Facts of recognition;
A. On September 27, 2012, the Plaintiff entered into a motor vehicle lease agreement with the Smart Earth Co., Ltd. and the Netherlands (B) with a vehicle price of KRW 43,120,00 for the period of the agreement, KRW 48 months for the lease deposit, KRW 4,312,00 for the lease deposit, KRW 19,835,00 for the estimated residual value, KRW 19,835,00 for the monthly payment, KRW 1,097,90 for the lease amount (i.e., KRW 1,019,90 for the insurance premium of KRW 78,00 for the premium) and KRW 24% for the overdue interest rate (hereinafter “instant agreement”).
The defendant jointly and severally guaranteed the debt of the above company.
B. On October 20, 2014, the Plaintiff terminated the instant contract on the ground that the Plaintiff did not pay rent more than twice a lease fee of the Defendant with smart soil company and the Defendant.
C. On November 10, 2014, Smart City Co., Ltd. returned the amount of debt of the said company under the instant contract, which was settled as of the same date, to the Plaintiff on November 10, 2014 (B). The amount of debt of the said company under the instant contract is KRW 12,162,70 (i.e., overdue loan of KRW 855,402,00,000,000,000 overdue premium of KRW 133,40,000,000,000 overdue premium of KRW 57,180,000,000,000,000 in overdue premium of KRW 12,861,230,000,000,000,000 KRW 247,336,336,00,000,0000,000 in overdue interest and late payment damages of KRW 761,300.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including paper numbers) and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant, who jointly and severally guaranteed the obligation of the Smart Earth Co., Ltd. under the instant contract, shall pay to the Plaintiff the agreed overdue interest calculated at the rate of 24% per annum from February 13, 2015 to the date of full payment for the principal amount of KRW 12,924,00 (=12,162,700, KRW 761,300) and the principal amount of KRW 12,162,70 under the instant contract.
3. The defendant's assertion that the defendant cannot respond to the plaintiff's claim because he applied for individual rehabilitation. However, even if the defendant applied for individual rehabilitation, it has already been determined within the pertinent procedure as individual rehabilitation claims.