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Reasons
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(영문) 서울중앙지방법원 2015.01.14 2013가단5088310
보증채무금
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1. The Defendant shall pay to the Plaintiff KRW 38,479,415 and the interest rate of KRW 24% per annum from March 29, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 13, 2007, the Plaintiff (Treatment Capital Co., Ltd. changed its trade name to the Plaintiff on August 31, 2009) concluded the instant lease agreement with the Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) with BMW740i vehicles (hereinafter “instant vehicle”) for a lease period of 36 months, acquisition cost of KRW 110,040,00, total lease cost of KRW 133,248,000, monthly lease cost of KRW 1,673,585, monthly lease cost of KRW 1,675,00 (the first lease rate of KRW 1,67,50 (the second lease rate of KRW 2 to 36), and the delayed interest rate of KRW 24% per annum, and the Defendant concluded the instant lease agreement with the Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”).

B. Meanwhile, the non-party company paid a total of KRW 64,848,585 per month rent under the instant lease agreement by the expiration of the lease term, but did not pay the remainder after the expiration of the lease term.

C. Since then, with the consent of the non-party company, the Plaintiff sold the instant vehicle on March 28, 2012 and received KRW 29,920,000 for the remainder of the lease payment under the instant lease agreement. D.

As of March 28, 2012, the lease price under the instant lease agreement remains 38,479,415 won (the total amount of rent 133,248,000 won - the total amount of rent 64,848,585- the purchase price of the instant vehicle 29,920,000).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 7, 9, 10, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 38,479,415 and damages for delay calculated at the rate of 24% per annum, which is the interest rate for delay, from March 29, 2012 to the date of full payment, as the Plaintiff seeks.

3. The defendant's assertion is judged.

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