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(영문) 대전지방법원천안지원 2016.10.19 2016가단106250
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 16,828,946 and KRW 16,197,672 from July 26, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 26, 2013, B Co., Ltd. (hereinafter “B”) entered into a contract for automobile facility leasing (hereinafter “instant contract”) with the Plaintiff on a monthly rent of KRW 952,60, monthly insurance premium of KRW 130,800, annual interest rate of arrears, KRW 24% per annum, 60, and remaining value of KRW 13,891,000 (hereinafter “instant contract”).

B. The Defendant jointly and severally guaranteed the obligation under the instant contract against the Plaintiff, and at the time, the Defendant was the representative director B.

C. B returned the instant vehicle to the Plaintiff on May 2, 2016, while the lease fee under the instant contract was in arrears, and the instant contract was terminated on May 2, 2016.

As of July 25, 2016, the overdue lease fee under the instant contract is KRW 2,731,104, the early termination fee is KRW 13,46,568, and the delay damages are KRW 631,274.

【Fact that there is no dispute over the basis of recognition, Gap evidence 1 to 7(if there is a number, each statement containing each number, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, a joint guarantor of B, is obligated to pay to the Plaintiff the amount calculated by the ratio of the overdue interest rate of 24% per annum from July 26, 2016 to the date of complete payment, as to the sum of overdue lease fees, early cancellation fees, late termination compensation damages, and the overdue lease fees and early termination fees under the instant contract, and KRW 16,197,672, which are the total sum of overdue lease fees and early termination fees under the instant contract.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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