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(영문) 서울중앙지방법원 2018.02.08 2016가단82813
리스금등
Text

1. As to the Plaintiff, Defendant A Co., Ltd and Defendant C’s joint and several liability for KRW 45,548,198 and KRW 20,723,082, as well as KRW 20,723,082.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or found in full view of the statements in Gap evidence 1 to 6 (including paper numbers), Eul evidence 1 and 2, and the entire purport of the pleadings:

The authenticity of the document is presumed to have been established under Article 358 of the Civil Procedure Act (see Supreme Court Decision 96Da462 delivered on June 13, 1997), and the authenticity of the document is presumed to have been established under Article 358 of the Civil Procedure Act (see Supreme Court Decision 96Da462 delivered on June 13, 1997), since the defendant C is the person who has the name of the defendant C and affixed a private document, if the stamp image attached to the private document is reproduced by his seal, barring special circumstances, it is presumed that the authenticity of the document is established, i.e., the act of affixing the stamp image is based on the intention of the person who has the title written.).

On March 9, 2010, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. and HH A6 on a set of 36 months of lease, lease fees of KRW 1,765,00 per month, deposit money of KRW 13,80,00 per annum, and overdue interest rate of KRW 25% per annum. The Plaintiff and F and the Defendant C guaranteed the Defendant A Co., Ltd’s obligation under the above lease agreement on the same day.

(hereinafter referred to as “the instant lease agreement”). B.

Since January 15, 2011, Defendant A Co., Ltd. and joint and several sureties failed to pay rent as stipulated in the instant lease agreement, the Plaintiff terminated the said lease agreement on March 17, 201.

C. As of March 17, 2011, the Plaintiff’s claim under the instant lease agreement was KRW 54,868,250, the outstanding principal amount of KRW 54,868,250, the agreed agreed statutory loss amount to KRW 5,486,825, the overdue rental fee of KRW 5,295,00, the three-minute unpaid premium of KRW 387,060, the amount of unpaid premium of KRW 333,830, the amount of unpaid premium of KRW 332,117, the amount of unpaid automobile tax of KRW 66,203,00,000 deducted the deposit of KRW 13,80,00,000, and KRW 52,323,082, the amount of unpaid automobile tax of KRW 132,082, but the Plaintiff sold and recovered the leased vehicle on March 17, 2011.

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