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(영문) 서울중앙지방법원 2017.09.13 2016가단19167
보증채무금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 248,191,303 as well as the period from January 21, 2014 to January 30, 2014.

Reasons

Basic Facts

The Plaintiff entered into two lease agreements with D Co., Ltd. (hereinafter “Nonindicted Company”) as follows (hereinafter collectively referred to as “instant lease agreement”); and the Defendants jointly and severally guaranteed the obligations of Nonparty Co., Ltd. to the Plaintiff under each of the instant lease agreements.

According to the lease agreement of this case in which the acquisition cost of the leased article on July 31, 2012 was the monthly rent of KRW 48 months and KRW 349,000,000,000 for the industrial automatic washing machines, and KRW 48 months and 370,000,000 for the industrial continuous washing machines, etc. on September 28, 2012, and KRW 48 months and 370,000,000 for the industrial continuous washing machines, etc. on September 28, 2012, the Plaintiff may terminate the contract if the non-party company delayed the performance of its obligations, such as the payment of rent. In such cases, the non-party company shall immediately return the leased article in this case. In addition, the non-party company shall pay the amount calculated by deducting the lease deposit from the amount of damages calculated by adding the unpaid acquisition cost, the past interest, and the statutory damages, etc., by 30% from the date following the termination of the lease claim to 30% 230 to 31.

On October 31, 2013, the instant lease agreement was terminated on the grounds of Non-Party Company’s non-performance of the obligation to pay rent. Accordingly, when calculating the amount of lease claims to be paid to the Plaintiff by Non-Party Company, it would be KRW 307,258,479, including KRW 142,134,014 based on the first agreement and KRW 165,124,465 based on the second agreement.

[Ground of recognition] No dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 7 and 8, and the purport of the whole pleadings.

According to the above facts of recognition of the obligation to pay the amount of lease claim as to the cause of claim, the defendants who jointly and severally guaranteed the obligation to the plaintiff of the non-party company to the plaintiff shall have the amount of lease claim 307,258.

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