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(영문) 창원지방법원진주지원 2016.10.18 2015가단37357
사용료
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 27,960,385 and KRW 27,900,681, out of the above amounts.

Reasons

1. Basic facts

A. In the lease contract concluded between the Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on January 3, 2013, the Defendant Co., Ltd. stated that the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) set the rental vehicle C at KRW 60 months, monthly rent of KRW 844,100, annual overdue interest rate of KRW 24%, remaining value of KRW 14,708,00 (hereinafter “instant lease contract”). The Defendant Co., Ltd is the representative of the Defendant Co., Ltd. and on the same day set the joint and several guarantee for the Defendant Co., Ltd’s obligation to the Plaintiff under the instant lease contract between the Plaintiff and the Plaintiff.

B. Around January 3, 2013, the Defendant Company received the instant vehicle from the Plaintiff, and was in arrears from September 2015, and the Plaintiff terminated the instant lease agreement on the ground that the lease was delayed on November 17, 2015.

C. As of November 17, 2015, the debt incurred under the instant lease agreement is KRW 450,187, overdue lease fees; KRW 2,532,29, termination fees; KRW 1,361,679, the unpaid principal; KRW 27,233,586; and KRW 31,637,385,00,000,000,000 KRW 59,704.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 17, purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion terminated the instant lease contract due to the Defendants’ delinquency, and the Defendants are obligated to pay the overdue rental fee and the outstanding principal, etc. under the said lease contract and the delayed payment damages therefor. (2) The Defendants’ assertion that the instant lease contract is economically favorable to Nonparty D, who recommended the instant vehicle contract, listened to the Defendant’s assertion that the instant lease contract is economically favorable, and without the specific knowledge of the terms of the instant lease contract, the Defendant’s seal was dried through his spouse. Nonparty D, etc. without any authority.

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