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Reasons
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(영문) 울산지방법원 2015.06.09 2014가단63321
리스채무금 청구의 소
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1. The Defendants jointly and severally pay to the Plaintiff KRW 52,827,035 and KRW 52,706,645 among them.

Reasons

1. Grounds for claim;

A. The Plaintiff entered into a contract for facility leasing (lease) with the Defendant Youngsan Tech Co., Ltd. (hereinafter “Defendant Company”).

(1) Date of contract: March 15, 2013; 2. Period of contract: 36 months; 2,574,90 won: 2,574,900 won; 4. overdue interest rate: 24%; 5.00 won: 18,50,000 won; 6 Model Name: Benz New Standards 350LGI

B. According to this lease contract, when the reason for termination of the contract arises, the Plaintiff may claim the Defendant for the return of the said automobile along with the obligation already incurred by losing the benefit of time and claiming the return of the said automobile. In the event that the procedure for return of the automobile is completed, the Plaintiff may claim a fee for early termination, separate from the overdue lease fee, and may claim the agreed land pension

C. Defendant A guaranteed the Defendant Company’s obligation under this lease agreement to the Plaintiff.

The Defendant Company did not pay rent, and the Plaintiff notified the Defendant Company of the termination of this lease agreement on November 4, 2014.

E. The rent to be paid by the Defendant Company upon settlement on April 7, 2015 is KRW 1,910,412, overdue rent of KRW 5,149,80, KRW 120,390, KRW 120,390, KRW 332,850, KRW 4,119,416, and the unpaid principal of KRW 41,194,167.

2. As to the plaintiff's assertion, the defendant company is deemed to have led to confession pursuant to Article 150 (1) of the Civil Procedure Act.

The authenticity of the entire document is presumed to be established because there is no dispute in the part of the defendant A's seal affixed with the evidence No. 1 (lease Agreement).

Although Defendant A did not have a joint and several surety of this lease agreement and the signature of this lease agreement was forged, there is no evidence to acknowledge this.

In full view of the purport of Gap evidence 1-2, Gap evidence 2-2, Gap evidence 3, 4, 6-1, 5-4, and all the arguments, the facts of the cause of the claim are acknowledged.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 52,827,035.

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