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(영문) 서울남부지방법원 2016.03.11 2014가단240659
보증채무금
Text

1. The Defendant’s KRW 3,750,000 and its ratio shall be 24% per annum from October 1, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On November 9, 2010, the Plaintiff entered into a contract for the lease of an automobile facility (lease) with B Co., Ltd. (hereinafter “Nonindicted Company”) and C Ecoos (hereinafter “instant automobile”) with respect to the monthly rent of KRW 1750,00 (excluding value added tax), 44 months, overdue interest rate of KRW 24%, estimated residual value of KRW 34,357,00 (hereinafter “instant lease agreement”).

B. The lease contract of this case is entered as a joint and several surety with the maximum amount of KRW 104,130,000 with respect to the Defendant’s obligation, including overdue lease charges, penalties, early termination fees, liquidated damages, and damages, which the Defendant owed to the Plaintiff along with the representative director D of the non-party company’s representative director D, and is accompanied by a copy of the Defendant’s resident registration certificate, resident registration certificate, certificate of personal seal impression (issuance by the Defendant on November 4, 201), Defendant’

C. From November 1, 2012, Nonparty Company did not pay rent. On September 3, 2012, the Plaintiff filed a lawsuit against Nonparty Company, joint guarantor D, and Defendant, the principal debtor, for the claim for lease debt (hereinafter “instant prior lawsuit”). At the time, Nonparty Company, the principal debtor, filed a lawsuit against Suwon District Court for the claim for the payment of lease debt (hereinafter “instant prior lawsuit”). At the time of selling the instant vehicle, the Plaintiff would have to receive the payment in installments with the bond manager holding the said vehicle, and then sold the instant vehicle to a third party with KRW 39 million, the Plaintiff deducted KRW 19 million from the provision on damages on the instant vehicle. On February 26, 2013, the Plaintiff terminated the instant lease contract and voluntarily withdrawn the entire lawsuit on March 27, 2013.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 9, 14, 15, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant is a joint and several surety under the instant lease agreement, and the Plaintiff is a overdue lease fee of KRW 9,287,549, penalty of KRW 350,000, earlier termination fee of KRW 2,806,473, late termination penalty of KRW 21,121,498.

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