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(영문) 서울중앙지방법원 2019.12.18 2018나58914
사용료
Text

1. Revocation of the first instance judgment.

2. As to KRW 15,640,417 and KRW 744,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 15,640,417 on September 13, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates installment financing and facility leasing business, and the Defendant was registered as the representative of the D Association (hereinafter “D”) from August 11, 2015 to January 5, 2016.

B. On October 30, 2015, the employee E of the Plaintiff’s Intervenor who entered into an administrative consignment agreement with the Plaintiff entered into the lease agreement with the Nonparty Union (hereinafter “instant lease agreement”) under the name of the Plaintiff. The key content of the agreement is that the Nonparty Union leases one vehicle for 60 months from the Plaintiff and pays 768,570 won per month from the Plaintiff.

C. The joint and several surety column of the lease contract of this case (A) includes personal information, such as the defendant's name, and the defendant's seal imprint is stamped.

The lease contract of this case was drafted in the office of the non-party partnership, and at the time, the defendant did not have a job, and as an auditor of the non-party partnership, F, a real manager of the non-party partnership, prepared the lease contract of this case using the corporate seal impression and the defendant's seal impression.

On the other hand, the Defendant issued a certificate of personal seal impression (No. 3) on October 8, 2015, and sent it to F along with a copy of identification card, resident registration certificate, and F submitted it to E at the time of the instant lease agreement.

The lease contract of this case was terminated at that time by the non-party union's non-party union's delay in rent from March 2017, and the vehicle was recovered.

In addition, according to the instant lease agreement, the amount of debt to be borne by the non-party partnership to the Plaintiff is KRW 15,640,417 as of September 12, 2018 (i.e., principal KRW 1,12,600 interest of KRW 744,00,00 for delay damages of KRW 767,190 for delay damages of KRW 12,212,650 for early termination damages of KRW 675,597 for value-added tax of KRW 128,380 for value-added tax of KRW 12,212,65

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1-6, 8, 9, 17, Eul's evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the defendant is jointly and severally guaranteed

A. The plaintiff 1 asserted by the parties.

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