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(영문) 서울중앙지방법원 2015.03.18 2014가단52528

리스채권

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 49,250,859 and the interest rate thereon from February 26, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On October 24, 2012, the Plaintiff entered into a lease agreement with Defendant A, under the joint and several sureties of Defendant B, C, and D, 44 months of the period of benz E20, E, and the acquisition cost of KRW 62,040,680, and monthly lease cost of KRW 1,351,00 (hereinafter “instant lease agreement”).

B. Defendant A delayed the payment of the lease fee, and the Plaintiff terminated the instant lease agreement on February 25, 2014.

C. The Plaintiff’s claim following the termination of the instant lease agreement is KRW 49,250,859 as of February 25, 2014 (the amount calculated by subtracting the deposit from the accrued principal, the statutory loss amount, and the overdue lease fee). The interest rate on delay damages is 25% per annum.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 8 (including each number), the purport of the whole pleadings]

2. Determination:

A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 49,250,859, a debt under the lease agreement of this case, and damages for delay after February 26, 2014.

B. The Defendants’ assertion (1) Defendant D and C asserted that there was no joint and several sureties regarding the instant lease agreement, but there is no evidence to acknowledge this.

(O) According to each of the above evidence Nos. 4 and 8, the above Defendants’ seal imprint and certificate of personal seal affixed to Defendant A, the principal debtor, were submitted with the seals affixed to the lease agreement of this case, and further, it is recognized that the above Defendants confirmed that they were jointly and severally guaranteed to the Plaintiff employees by telephone). (2) Defendant C again asserted that since the Plaintiff intentionally neglected to recover the leased vehicle, the damage therefrom should be considered in calculating the amount of the Defendants’ liability. However, the statement No. 1 alone is insufficient to acknowledge the fact of delaying the Plaintiff’s intentional recovery, and there is no other evidence to acknowledge this otherwise.

3. The plaintiff's claim is justified, and this is accepted.