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(영문) 부산지방법원동부지원 2019.11.13 2019가단213735

보증채무금

Text

1. The defendant shall pay to the plaintiff KRW 30,558,740 and the amount of KRW 30,484,136 from April 30, 2019 to the date of full payment.

Reasons

1. In the case of recognition: 1,022,90 won (excluding value-added tax) for vehicles: 1,022,00 won: 24% per annum.

A. The Plaintiff, as a specialized credit financial business company under the Specialized Credit Financial Business Act, entered into a contract for automobile leasing (long-term siren-Financial Form) (hereinafter “instant siren contract”) with D Co., Ltd. (hereinafter “Nonindicted Company”) on August 17, 2017, with the following contents, and the Defendant guaranteed the Plaintiff’s obligation to Nonparty Company on the same day.

B. The instant siren contract was terminated as of April 29, 2019 upon the non-party company’s delinquency in payment of the monthly rental fee.

C. As of April 29, 2019, the debt to be paid by the non-party company to the Plaintiff upon the termination of the instant siren contract is as follows.

Value-added tax, including value-added tax of 3,695,176 won in excess of the amount of gold = (3,052, 383 won 306,869 won) x 74,604 won in late payment penalty x 862,969 won in late payment penalty x 28,765,660 won in unpaid principal x 1.1 lease advance (-) x 5,716,235 won in aggregate 30,58,740 won in aggregate of the deducted amount of KRW 5,716,235 x 30,58,740 in all pleadings

2. According to the above facts of determination, the Defendant, as a joint and several surety of the instant siren contract, is obligated to pay the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the overdue interest rate of 30,558,740 won and the principal claimed (=3,695,176 won and KRW 862,969 won and KRW 31,642,226 won - 5,716,235 won) from April 30, 2019 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.