logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.01.21 2014가단102334
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 58,825,210 and KRW 58,57,288 among them, from December 25, 2013 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. (1) On December 15, 2011, the Plaintiff entered into a contract for the lease of automobile facilities (hereinafter “instant contract”) with the Es&C Construction Co., Ltd. with respect to the vehicle Addi B (hereinafter “instant vehicle”), setting the agreed period of 44 months, monthly rent of 3,531,100 won, monthly interest rate of 24% per annum, remaining value of 45,578,000 won, and the Defendant jointly and severally guaranteed the obligation under the instant contract by Es&C Construction Co., Ltd.

(2) An S&C Construction Co., Ltd. obtained a loan from a third party on the instant vehicle as security, and the instant contract was terminated on November 18, 2013 due to the said company’s breach of contract.

(3) The Plaintiff transferred the instant vehicle to a third party who was provided with the instant vehicle as security, and appropriated the amount of KRW 11,640,643 in total, KRW 65,111,00, and KRW 182,173 in total, and KRW 76,93,816 in total, until December 15, 2013, for part of KRW 116,405,019 in overdue lease charges, delay damages, termination fees, and provision damages. The Plaintiff’s obligation to the Plaintiff of the Es&C Integrated Construction Company remaining as of December 24, 2013 to the amount of KRW 58,209,28, and the amount of damages calculated annually from December 17, 2013 to December 23, 2013 (i.e., KRW 267,90, KRW 208, KRW 3084,584,285,2085).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from December 25, 2013 to the date of full payment (i.e., 58,209, 288, 267,922, 348,000 won) and the remainder of 58,557,288 won, excluding damages for delay.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

arrow