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(영문) 서울남부지방법원 2020.06.25 2020가단230646

기타(금전)

Text

1. The defendant shall pay to the plaintiff 54,288,300 won and 52,095,98 won among them to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. 1) On December 7, 2016, the Plaintiff (hereinafter “D”) is the Plaintiff Company D (hereinafter “D”).

(i)the lease agreement between ENsi E Q90 sets forth 79.3 million won in vehicle prices, 1,633,390 won in monthly rent, and 24 per annum in arrears interest rate (hereinafter referred to as the “instant lease agreement”).

(2) The Plaintiff and the Defendant notified the Defendant and D of the termination of the instant lease agreement and the payment of the remaining principal and overdue interest, as they did not pay the lease fees under the instant lease agreement, as they did not pay the lease fees under the instant lease agreement.

3) As of June 3, 2020 following the Plaintiff’s early termination, the Defendant, as of June 3, 2020, had a duty to pay the Plaintiff the overdue lease fee of KRW 52,095,98, and damages for delay of KRW 2,192, and KRW 312 under the instant lease agreement. [The respective entries and arguments in subparagraphs A through 7, based on recognition, are the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, a joint guarantor of the above contract, shall pay the Plaintiff the total amount of the accrued principal and interest 54,288,300 won and the accrued principal and interest 52,095,988 won from June 4, 2020 following the above basic date to the date of full payment, delay damages calculated at the rate of 24% per annum from June 4, 2020 to the date of full payment, and shall be paid 103,090,000 won (=7,930,000 won x 130%) which is the maximum amount of the guaranteed obligation.

2. As to the defendant's assertion and judgment, the defendant has the leased vehicle of this case F, and when the F returns the vehicle, the amount must be deducted from the amount stated in the claim, and D and F shall be the party to this case. However, there is no evidence supporting the defendant's argument, and there is no reason to believe itself.

3. Conclusion, the plaintiff's claim is justified and acceptable.