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(영문) 서울중앙지방법원 2020.05.14 2019가단5165912

리스채무금

Text

1. The Defendants shall jointly and severally pay KRW 197,278,673 and KRW 131,457,459 among them.

Reasons

1. Determination as to the claim against Defendant C

A. The description of the claim is as shown in the attached Form “the cause of claim”

(However, “creditor” is deemed to be “Plaintiff”, and “debtor” to be “Defendant”.

(b) Judgment on deemed confession based on recognition (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the claim against Defendant D

A. 1) The Plaintiff is the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on August 30, 2016.

(2) On September 30, 2016, 48 months, monthly rent of KRW 13,460,580 (after payment), annual interest rate of KRW 4.8%, and overdue interest rate of KRW 24% (hereinafter “the first contract”). On the same day, Defendant D jointly and severally guaranteed the Defendant Company’s debt owed by the Defendant Company to the Plaintiff. (2) On September 30, 2016, the Plaintiff concluded a contract with the Defendant Company on the loan of KRW 92,200,000 for 48 months, monthly rent of KRW 1,480,340 (after payment), annual interest rate of KRW 44.34%, annual interest rate of KRW 19%, annual interest rate of KRW 19%, and Defendant D’s debt to the Plaintiff Company (hereinafter “the foregoing joint and several surety”).

3) On March 5, 2018, the Plaintiff notified the Defendants of the termination of each of the above contracts on the grounds of the Defendant Company’s nonperformance. 4) As the termination of each of the above contracts, the principal and interest on the Defendant Company’s first contractual obligation based on May 22, 2019 (i.e., the principal amount of KRW 142,329,169 (i.e., interest of KRW 131,457,459 (i., the principal amount of KRW 131,461,436 overdue interest of KRW 1,961,436), and the principal and interest on the secondary contractual obligation of KRW 54,949,504 (i.e., the principal amount of KRW 49,891,368 won), KRW 39,7629, KRW 658,374).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

(b)the cause of the claim;