logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.11.09 2015가단223807
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 16,791,486 and the amount of KRW 15,935,946 from April 28, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 11, 2014, the Plaintiff entered into a contract for automobile leasing (hereinafter “instant lease contract”) with a stock company B (hereinafter “Nonindicted Company”).

(1) Lease company: Plaintiff (2) Lease: Nonparty Company (3): 714,800 won in arrears: 24% per annum. 5% per annum. 60 months: 60 months.

B. As the representative director of the non-party company, the defendant jointly and severally guaranteed the debt to be borne by the plaintiff according to the lease contract of this case.

C. The non-party company agreed to return the automobile along with the fulfillment of the obligation by losing the benefit of the time of nonperformance under the instant lease agreement.

However, the Defendant Company did not pay monthly rent, and the instant contract was terminated.

As of March 21, 2016, the foregoing automobile was returned and disposed of, and as of April 27, 2016, the amount to be paid by the non-party company to the Plaintiff is KRW 16,791,486, including overdue lease fees, KRW 6,202,620, KRW 7,243,168, termination fees, KRW 1,406,158, KRW 1,084,00, KRW 85,540, and KRW 16,791,486.

According to the lease agreement of this case and the terms and conditions thereof, all of the damages for delay, except for the damages for delay of the above items, are agreed to be paid additionally.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 19 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found under paragraph (1), the Defendant, as a joint and several surety, is obligated to pay to the Plaintiff damages for delay calculated by the rate of 24% per annum, which is 16,791,486 won and 15,935,946 won among them (6,202,620 won, 7,243, 168 won, 1,406,158 won, 1,084,000 won), from April 28, 2016 to the date of full payment.

B. As to this, the defendant is the defendant's name for the joint and several liability under the lease contract of this case or for the person who prepared the joint and several liability contract.

arrow