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Reasons
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(영문) 인천지방법원 2017.04.18 2017가단203670
보증채무금
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1. The defendant shall pay to the plaintiff the amount of KRW 59,425,893 as well as KRW 58,983,175 from January 5, 2017 to the date of full payment.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or in full view of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 10, the plaintiff entered into a contract for automobile leasing (hereinafter "lease") with the non-party Co., Ltd. (hereinafter "non-party Co., Ltd.") on March 18, 2014 under the terms of 48 months, monthly rent of KRW 2,080,100, and delay damages rate of KRW 24% per annum on March 18, 2014. The defendant jointly and severally guaranteed the debt owed to the plaintiff of the non-party Co., Ltd., on October 4, 2016. The plaintiff terminated the lease contract of this case on the ground of delinquency in payment of the above lease fees, and the unpaid lease fees of KRW 58,983,175,42,718, remaining damages for delay.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 59,425,893 won ( principal 58,983,175 won for delay damages of 442,718 won) and damages for delay calculated by the rate of 24% per annum from January 5, 2017 to the date of full payment, which the plaintiff seeks with respect to the principal amount of 58,983,175 won.

(2) The court below held that the plaintiff's claim of this case was justified and it is reasonable to accept the plaintiff's claim of this case as a joint guarantor of the lease contract of this case. The plaintiff's claim of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of the non-party D without returning it while driving the above vehicle of this case of this case of the non-party D. Thus, the plaintiff's claim of this case of this case of this case of this case of this case of this case of this case of this case of the non-party D of this case of this case of the non-party 1 to 5.

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