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(영문) 서울중앙지방법원 2018.07.11 2018가단9195
리스료 등
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant A Co., Ltd.: (a) KRW 376,794,723, among the Plaintiff and 141.

Reasons

1. Facts of recognition;

A. The Defendant Company entered into a contract for automobile facility leasing (financial lease) as follows, between the Defendant Company and the Defendant Company, which was a company prior to the Plaintiff’s merger.

Defendant B jointly and severally guaranteed this.

On November 29, 2006, the lease term overdue interest rate of the acquisition cost of the kind of contract date shall be 24% per annum per 48% per annum in the month 48 months.

B. However, the Defendants did not pay rent, and on July 4, 2017, the sum of the principal and interest on the attempted as of 376,794,723 won (i.e., 13,245,640 won overdue lease charges of KRW 8,762,084, and KRW 108,868,00,000,000 late 13,245,640 won (i.e., 13,245,640 won overdue lease charges of KRW 108,868).

[Ground] As to the defendant company: The judgment deemed as a confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. According to the facts of the above recognition of the claim against the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 376,794,723 and KRW 141,218,485 (i.e., the unpaid principal of KRW 132,456,401 with overdue lease fee of KRW 8,762,084) with the interest rate of KRW 24% per annum from July 5, 2017 to the date of full payment.

3. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 3 as to the claims against Defendant B, Defendant B was declared bankrupt after having filed a petition for bankruptcy and granted immunity (Seoul Rehabilitation Court 2017:60178) on September 8, 2017, and the above immunity became final and conclusive on September 28, 2017, and the above Defendant can recognize the fact that the Plaintiff’s claim was reported in the bankruptcy procedure and entered in the list of creditors. In this case, the Plaintiff’s claim constitutes a claim for property arising from the cause arising before the declaration of bankruptcy, and thus, the Plaintiff’s claim constitutes a claim for immunity arising from the said Defendant’s claim, and thus, the right to institute a lawsuit and the executory power of execution against the said Defendant was lost

Therefore, the plaintiff's lawsuit against the above defendant has no benefit of protection of rights.

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