리스채무금 청구의 소
1. The Defendants jointly and severally pay to the Plaintiff KRW 68,497,513 and KRW 68,202,229, among them, shall be fully paid to the Plaintiff from November 6, 2013.
1. Facts of recognition;
A. The Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with Defendant MM Co., Ltd. (hereinafter “Defendant Company”). At the time, Defendant A jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the instant lease agreement.
On November 29, 2012, 2012. 24% interest rate 2,309,400 per annum on monthly rent of 31 months during the contract period of 31 months, and penalties, administrative fines, etc. incurred by negligence of the debt driver, and other charges, administrative fines, etc.
B. The Defendant Company lost its interest on March 25, 2013 due to delayed payment of the obligation, such as the payment of the lease fee, under the instant lease agreement, and on this ground, the Plaintiff terminated the instant lease agreement.
C. The Defendants’ obligations under the instant lease agreement against the Plaintiff are KRW 9,452,39,00,000,000 in arrears as of November 15, 2013, which was deducted from KRW 68,49,452,39, penalty and fine for negligence KRW 412,00,00, damages for delay, and KRW 295,284, damages for delay, and KRW 68,795,830, which were deducted from KRW 68,458,00,00.
【Reason for Recognition】 Each entry (including branch numbers, if any) of the evidence Nos. 1 through 7, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 24% per annum from November 16, 2013 to the date of full payment, with respect to the remaining KRW 68,202,229, excluding the above KRW 68,497,513 and the damages for delay.
B. Defendant A’s assertion that there was no joint and several debt under the instant lease agreement, and Nonparty C voluntarily prepared the instant loan application and thus could not respond to the Plaintiff’s claim. However, the stamp image following the name of Defendant A’s surety column of the instant loan application (Evidence A 1) is the Defendant A’s own seal.