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(영문) 서울중앙지방법원 2018.05.17 2018가합515253

리스료 및 보증채무금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 628,353,707 and the amount of KRW 495,425,038 from November 7, 2017 to the day of full payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 7 of the judgment as to the cause of the claim and the whole arguments, the plaintiff (YENF Co., Ltd.) concluded a lease contract with respect to the lease term of 36 months on July 19, 2006 with B (hereinafter "B"), benz S500 Motor Vehicles (hereinafter "motor vehicle of this case"), acquisition cost of 226,825,60, monthly lease cost of 226,825,60, monthly lease cost of 5,569,100, overdue interest rate of 24% per annum (hereinafter "the lease contract of this case"). At the time, the defendant jointly and severally guaranteed all the obligations under the lease contract of this case including B's duty to pay rent, B, 206 rent from December 26, 2014 to 36, 206, 2057, 306, 257, 1967, 298

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 628,353,707 won and damages for delay calculated by the rate of 24% per annum from November 7, 2017 to the date of full payment of the principal amount of KRW 495,425,038, barring special circumstances.

2. The defendant's argument as to the defendant's assertion is that the plaintiff jointly and severally guaranteed the lease fee obligation of the vehicle of this case imported by B on condition that the plaintiff set up a security, and the plaintiff extended a loan to B without setting up a security in the condition that the vehicle of this case was not imported. Thus, the defendant does not bear the joint and several liability.

However, there is no evidence to prove that the defendant guaranteed the lease liability of B on the condition that B imported the instant vehicle and the plaintiff created a security on the instant vehicle.

Rather, according to the statement No. 8, B, at the time of concluding the lease contract with the Plaintiff, shall transfer the vehicle to the Plaintiff.