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(영문) 서울중앙지방법원 2015.12.29 2015가단108695

해지금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 35,040,471 as well as KRW 32,676,985 among them, from April 9, 2015.

Reasons

1. Basic facts

A. On December 17, 2013, the Plaintiff entered into a car lease agreement (hereinafter “the instant lease agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on an automobile model with the ML63AM and the chassis number C (hereinafter “instant automobile”). In this case, Defendant B jointly and severally guaranteed the Defendant Company’s obligation under the instant lease agreement with the Plaintiff.

(hereinafter “instant joint and several sureties Agreement”). (b)

On December 9, 2014, the instant lease agreement was terminated upon the Plaintiff’s declaration of termination due to the late payment of lease fees by the Defendant Company.

C. On December 19, 2014, the Plaintiff returned the instant automobile from the Defendant Company, and thereafter deducted KRW 28,000,000 from the amount of settlement under the instant lease agreement. Accordingly, the settlement balance as of April 8, 2015 was KRW 35,040,471 (i.e., principal amount: KRW 32,676,985; KRW 543,946). The overdue interest rate set forth in the instant lease agreement is KRW 24% per annum.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of KRW 35,040,471 as a result of the termination of the instant lease agreement and damages for delay at the agreed interest rate of 24% per annum from April 9, 2015 to the date of full payment, which is the day following the base date for calculating the balance of the aforementioned settlement amount.

Although the defendant company's defense that the sale amount of the automobile of this case is too low, in light of the statements in Gap evidence Nos. 4 and 5, it is insufficient to recognize that the sale amount of the automobile of this case is abnormal, and there is no other evidence to recognize it. Thus, the defendant company's defense cannot be accepted.

Defendant B is a person who is a foreigner and has no substantial authority to perform his duties, and is well aware of the meaning of the joint and several sureties and at the request of the actual management of the Defendant Company.