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(영문) 서울중앙지방법원 2019.08.13 2017가단94127
보증채무금
Text

1. The defendant shall pay to the plaintiff 102,078,076 won and 76,513,205 won among them, from May 11, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 17, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (hereinafter “C”) with the following terms and conditions.

O Lease Articles: 25,00,000 O lease period: 36 months: 90,000,000 O lease amount: 4,475,400 won for delay delay damages: 24% per annum.

B. The Defendant jointly and severally guaranteed all obligations owed by C to the Plaintiff under the instant lease agreement.

C. On July 27, 2015, C applied for commencement of rehabilitation procedures by the Changwon District Court 2015 Gohap1046, and was decided to commence rehabilitation procedures on August 26, 2015.

As of October 30, 2015, the Plaintiff notified C of the termination of the instant lease agreement on the ground of delinquency in rent. As of October 30, 2015, the amount of unpaid principal is KRW 189,61,276, 841,784, 3,793,225, and overdue rent is KRW 8,950,80.

E. On January 18, 2016, the above rehabilitation court approved the rehabilitation plan stating that “The amount of KRW 58,828,848,848 out of the determined amount of claims 107,584,620 of the determined amount of claims shall be repaid in cash, and the remaining KRW 48,75,772 shall be converted into equity in lieu of repayment on the date of the effective date of shares newly issued by C (the following day of the decision of approval), and interest shall be exempted after the commencement of the rehabilitation

F. C issued new shares equivalent to KRW 48,755,00,000 on January 19, 2016, in accordance with the above rehabilitation plan, and paid in cash the Plaintiff KRW 2,154,700 on January 13, 2017.

G. Meanwhile, the Plaintiff sold part of the instant leased articles to KRW 13,00,000 on December 31, 2018, and the remainder to KRW 20,00,000 on May 10, 2019, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the lease agreement of this case is concluded by the Plaintiff’s declaration of intent to terminate the contract on the ground of C’s default of lease fees.

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