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(영문) 전주지방법원 2016.04.26 2015가단39410

리스채무금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 36,821,461 and KRW 36,771,323 among them. From November 10, 2015.

Reasons

1. Facts of recognition;

A. On April 15, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A (hereinafter “Defendant A”) on the terms of 60 months, monthly rent of KRW 977,600, residual value of KRW 10,000, and overdue interest rate of KRW 24% with respect to Egye C/T (vehicle number C) (hereinafter “instant lease agreement”).

B. At the time of the conclusion of the above contract, Defendant B jointly and severally guaranteed Defendant A’s obligation under the instant lease agreement, accompanied by a certificate of personal seal impression (No. 6) issued by the Plaintiff on April 11, 2014, and a resident registration certificate (No. 7) as of April 29, 2014 of the Plaintiff’s application.

C. The terms and conditions of the instant lease agreement include the following:

① In the event that Defendant A delays the monthly rent at least twice consecutively, the Plaintiff may terminate the instant lease contract after notifying the Defendant A of the fact of delay in the performance of his/her obligation and the termination of the instant lease contract by no later than three business days before the termination date of the contract.

Article 20(2) of the Terms and Conditions. (2) In the event that the contract is terminated, the Defendant A pays the fees for early termination or damages to the Plaintiff according to the method of disposal of the motor vehicle.

(Article XX(4) of the Terms and Conditions

As Defendant A did not pay rent more than twice, on October 19, 2015, the Plaintiff notified the Defendants of the termination of the instant lease agreement, and each of the above termination notice reached the Defendants around that time.

E. As of November 9, 2015, the details of the settlement lease fee, etc. that Defendant A shall pay to the Plaintiff according to the instant lease agreement are KRW 36,821,461, as follows:

The fact that there is no dispute over KRW 44,742,64 of the unpaid principal of KRW 44,742,664 of the unpaid principal -12,057,208 of the overdue lease charge of KRW 788,388,95,200 of the overdue lease charge of KRW 50,138,138 of the overdue lease charge of KRW 788,279 of the overdue lease charge of KRW 1,342,664 of the overdue lease charge of KRW -

2. The above facts of recognition.