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(영문) 서울중앙지방법원 2014.10.31 2014가단58328

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 192,712,854 and KRW 139,440,058 from March 19, 2014.

Reasons

1. On October 30, 2013, the Plaintiff entered into a contract for automobile lease (hereinafter “instant contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at the lease rate of 149,538,720 won, interest rate of 36 months in arrears, and 24% per annum. Defendant B guaranteed the obligation under the instant contract with the Plaintiff. Defendant Co., Ltd lost its profits due to the failure to pay rent after the first two lease fees. The Plaintiff’s obligation to the Defendant Co., Ltd is 139,440,058, and its principal and interest rate of 149,562,026, interest rate of 36% per annum, interest rate of 24% per annum, interest rate of 16,570, interest rate of 305% per annum, interest rate of 30,481, interest rate of 405% per annum, interest rate of 16,3084,2981, interest rate per annum 2940,281,284, etc.

(1) Defendant B delivered documents such as the Defendant’s seal impression design, resident registration certificate, and family certificate necessary to establish the Defendant Company as C and D’s corporate body. The instant contract is merely limited to D. However, even according to Defendant B’s assertion itself, Defendant B appears to have issued necessary documents and concluded contracts when recognizing the fact of the establishment of the Defendant Company and entering into the instant contract. Thus, the Plaintiff’s claim in this case is with merit.