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(영문) 수원지방법원 2016.07.21 2015가단132580

사용료

Text

1. The defendant shall pay to the plaintiff KRW 21,927,773 and KRW 20,476,831, out of the above amount, with full payment from December 29, 2010.

Reasons

1. Basic facts

A. On December 28, 2007, the Plaintiff entered into a lease agreement with B on December 28, 2007: (a) KRW 76 million for acquisition cost; (b) KRW 36 months from the date of issuance of the certificate of receipt of the leased object; (c) lease cost KRW 2,638,300; and (d) overdue interest rate of KRW 25 percent (hereinafter “instant lease agreement”).

B. According to the automobile lease contract prepared by the Plaintiff and the principal debtor B at the time of entering into the instant lease contract, the Defendant is recorded as a joint and several sureties of the principal debtor B, and the Defendant’s seal imprint also affixed.

C. On the other hand, the said car lease agreement contains the following: “Leases: : : 500; 1; 36 months from the date of issuance of the certificate of receipt of the article; 76,00,000; 1-36 times from the date of issuance; 2,638,300; 1-36 times from the lease agreement; 2,638,300; 25% from the delayed interest rate; 25% from the lease agreement; however, the contract number, contract date; the address of the joint and several sureties; the seller; the date of purchase; the first payment; the date of each payment; the date of each payment; the date of each payment; the bank account number and resident registration number; and the date of confirmation on the lease agreement.

The name and seal of the person concerned and the person concerned are not all written.

B did not pay the rent from May 28, 2010 to December 28, 2010. As of December 28, 2010, the date of termination of the instant lease agreement, the overdue rent was KRW 20,476,831, and the overdue rent was KRW 1,450,942.

[Ground of recognition] The facts without dispute, Gap evidence 1-1 (a motor vehicle lease contract, defendant's evidence defense which has been forged, but the above defense is not justified as follows), 2, 12, and 13 evidence, and the purport of the whole pleadings

2. Determination

A. 1 The Plaintiff asserts that the instant lease agreement was legitimate even if some of the items are omitted in the automobile lease agreement, and the Defendant is obliged to enter into the automobile lease agreement.