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(영문) 전주지방법원 2016.05.19 2014나10109
보증채무금
Text

1. The judgment of the first instance court shall be modified at the request of the plaintiff changed at the trial as follows:

The defendants are the defendants.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a stock company C (hereinafter “C”) on March 27, 2013.

(B) the motor vehicles listed in the separate sheet and the separate sheet (hereinafter referred to as “instant motor vehicles”).

(3) The Plaintiff entered into a lease agreement with the Plaintiff at the rate of KRW 75,976,00, and the rate of KRW 48 months, monthly rent of KRW 1,725,970 (including automobile rent), including the consignment charge (hereinafter referred to as “the instant lease agreement”).

(2) On March 27, 2013, the Defendants jointly and severally guaranteed the Plaintiff’s obligation under the instant lease agreement to the Plaintiff on the same day. (2) C paid KRW 7,580,000 to the Plaintiff as security deposit.

3) The terms and conditions of the instant lease agreement (Evidence No. 4 and 9) are as follows. Article 6(1) of the same Act (ownership of a vehicle) provides that only the right to possess and use the vehicle as stipulated in this Agreement during the lease term shall be confirmed that the Plaintiff has ownership and other rights to the vehicle in any case. In a case where the obligation to pay the lease fees, insurance premiums, lease deposit, etc. as stipulated in the instant contract is violated at least once under Article 16(2) Item (i) of the same Agreement, even if the obligation to pay the lease fees, insurance premiums, lease deposit, etc. as stipulated in the instant contract is violated, the Plaintiff may terminate this contract and claim the return of the vehicle to the Plaintiff. Notwithstanding the expiration or termination of the instant contract, the Plaintiff is not obliged to perform the said obligation within a reasonable period of time after demanding C to remedy the defect, or to correct the violation, within the said period of time after demanding C to rectify the defect or to rectify the violation. Article 25(1) of the same Act, C is paid at least 30.5 days after the lapse of 216 days after the date of the instant lease.

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