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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 20,317,720 and KRW 3,817,00 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 20,317,720 on May 9, 2010.
Reasons
1. Facts of recognition;
A. On November 8, 2006, the Plaintiff entered into a facility lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (hereinafter “Nonindicted Company”) and BMW 750Li (hereinafter “instant automobile”) on the following terms and conditions, and the Defendant jointly and severally guaranteed the obligations owed by Nonparty Company to the Plaintiff pursuant to the instant lease agreement.
B
B. The non-party company did not pay rent from April 2009 (as of May 8, 2009, repayment period) and did not return the instant vehicle to the Plaintiff even after the maturity date of the instant lease agreement, and the location of the instant vehicle cannot be identified as of the present time by disposing of it to the third party.
C. According to the instant lease agreement, all expenses, public charges, etc. (including penalties, administrative fines, automobile taxes, etc.) incurred from the conclusion of the lease agreement until the vehicle is returned shall be borne by the non-party company. However, when the Plaintiff paid penalties, administrative fines, etc. to the relevant agencies, the non-party company shall pay the penalty or administrative fines to the Plaintiff. As regards the penalty or administrative fines, etc. paid by the Plaintiff, the non-party company shall pay the overdue interest at the rate (24% per annum) from the day following
At present, the non-party company's overdue rent of KRW 3,817,00 is claiming only the rent for April 2010, which is the last one, in consideration of the part of which the extinctive prescription has expired (e.g., May 8, 2010).
The sum of penalties and fines for negligence paid by the Plaintiff is KRW 7,00,720.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including virtual numbers), and the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts of determination as to the cause of the claim, the defendant is a joint and several surety of the non-party company, and the overdue lease fee and the penalty paid by the plaintiff to the plaintiff.