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(영문) 서울남부지방법원 2020.06.09 2020가단211027

보증채무금

Text

1. The defendant within the limit of KRW 83,781,804 to the plaintiff, KRW 41,94,157 to the plaintiff, and KRW 41,858,148 to the plaintiff. < Amended by Presidential Decree No. 22061, Jan. 4, 2020>

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 8, the plaintiff entered into a lease agreement on February 3, 2017 on the condition that the lease period of D (Indemnification) and BMW X320d motor vehicles shall be 48 months, and 1,077,000 won shall be paid as of the 25th day of each month, and in the event of arrears, the lease agreement is concluded on the condition that the damages for delay shall be paid at the rate of 25% per annum (hereinafter "the lease agreement of this case"). The defendant guaranteed 83,781,804 won to the plaintiff of E under the lease contract of this case; due to the default of lease fees of E company, the plaintiff terminated the lease contract of this case; and it is recognized that the lease agreement of this case was concluded as of January 3, 202, and the damages for delay occurred at the rate of 83,781,804 won.

Therefore, within the limit of KRW 83,781,804, the Defendant is obligated to pay to the Plaintiff 41,944,157 (i.e., the redemption amount of KRW 41,858,148,148) and 41,858,148 among them, 41,858,148 won with 25% interest per annum from January 4, 2020 to the date of full payment.

Although the defendant asserts that the redemption amount was calculated unfairly because the estimated residual value of the leased vehicle was too low compared to the estimated residual value of the leased vehicle, the above argument cannot be accepted since there is no ground to deem that the redemption amount was calculated by considering the estimated residual value.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.