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(영문) 광주지방법원장흥지원 2016.06.01 2016가단3073

보증채무금

Text

1. Within the scope of the property inherited from the network D, to the Plaintiff:

A. Defendant A’s KRW 31,660,912 and 31.2 among them.

Reasons

1. Facts of recognition;

A. On February 8, 2014, the Plaintiff entered into a car lease agreement with Jinjin Co., Ltd. (hereinafter “Jinjin”), with the content that the Plaintiff leases one motor vehicle of Ecuas 5,500,000 prinium 60 months during the lease period, monthly rent of 1,50,000 won per annum, overdue interest rate of 24% per annum, estimated residual value of 21,02,00 won, and D guaranteed the obligation that the Plaintiff is liable to pay to the Plaintiff according to the said car lease agreement on the same day.

B. The said car lease agreement was terminated as of September 10, 2015, with the delay in paying the rent by the Jin-jin.

C. As of September 10, 2015, the date of termination of the said car lease contract, the sum of the settlement lease fee (250,000 won), overdue lease fee (4,50,000 won), contractor’s penalty / fine for negligence (117,750 won), delay damages (101,517 won), provision damages (68,906,196 won) to be paid to the Plaintiff is KRW 73,875,463.

D (hereinafter “the deceased”) died on November 13, 2015, and Defendant A, Defendant B, and C, the deceased’s spouse, inherited the deceased’s property.

E. On December 11, 2015, the Defendants reported the qualified acceptance of the deceased’s inheritance as a result of the Gwangju District Court’s Support 2015-Ma130, and received from the said court a judgment accepting the said report on January 29, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above findings of the determination, Defendant A is within the scope of the property inherited from the Deceased; Defendant A is entitled to KRW 31,60,912 (= KRW 73,875,463 x KRW 3/7, and servers below the original unit x less than KRW 3/7, and KRW 31,617,405 x 3/7 x 21,075 x 21,275 won (= KRW 73,875,463 - KRW 101,517 delay damages) x 2/7); Defendant B and C are entitled to seek by the Plaintiff from each of the 21,078,270 won among the 21,078,270 won and damages for delay from each of the 21,04,627 won to the 2/7th of September 11, 2015.