logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.02 2014나17616
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 5 and Gap evidence Nos. 6-1 and 6-1, the plaintiff entered into a car lease contract with the medical corporation Eul (hereinafter "B") on March 7, 2013 (hereinafter "the contract of this case") with the terms and conditions that the plaintiff set the lease fee of 712,30 won per month (including value added tax) and the overdue interest rate of 24% for 60 months between the plaintiff and the medical corporation Eul (hereinafter "B"). At the time of the conclusion of the contract of this case, the defendant, who was a director of B's representative authority at the time of the contract of this case, jointly and severally guaranteed B's obligations under the contract of this case. ② The contract of this case was terminated on Nov. 1, 2013 with the monthly lease fee of this case, ③ the provision that the plaintiff should pay the loan of this case to the plaintiff as of February 19, 2014 by the repayment rate of the principal of the contract of this case No. 47.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the rate of delay damages, from February 20, 2014 to the date of full payment, for the amount of 11,44,794 won and the total amount of 10,886,454 won, deducting the delayed payment from the delayed payment (i.e., 11,44,794 won - 558,340 won).

2. Judgment on the defendant's assertion

A. Since the defendant alleged that Gap evidence No. 1 (lease) was forged, the defendant's judgment on the forgery of the forgery is without dispute between the parties that the stamp image affixed to the defendant's name is based on the seal of the defendant under the evidence No. 1, the whole document.

arrow