logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.04.26 2017가단214562
대여금 등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 112,218,869 and the amount of KRW 56,496,914 from March 17, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1, 2, 4, and 5, Eul Co., Ltd. (hereinafter "the company of this case") entered into a lease agreement with the plaintiff on June 10, 201, recognizing that the basic terms and conditions of credit transaction apply to the plaintiff on June 10, 201, and for one automobile of benz E220, the acquisition cost of which is 68,960,290, lease period of 44 months (per February 20, 2015), monthly lease cost of 1,651,644 won (per February 20, 200), monthly overdue interest rate of 24% per annum (hereinafter "lease agreement of this case"), and the defendant did not pay the plaintiff the debt owed to the representative director of the company of this case from 2012 to 361,69,6169, 20616, 209, 20616, etc.

B. According to the above facts, the Defendant, as a joint and several surety of the instant lease agreement, is obligated to pay the Plaintiff the overdue interest calculated at the rate of 24% per annum from March 17, 2017 to the date of full payment, as the principal amount of KRW 112,218,869 and the principal amount of KRW 56,496,914.

2. Judgment on the defendant's assertion

A. As to the determination of the assertion of discharge, the Defendant asserted that he/she is exempted from the obligation under the instant lease contract since he/she was declared bankrupt and the decision of permission for discharge was rendered by the court, and thus, according to each of the descriptions of the evidence Nos. 3-1 and 3-3, the Defendant was declared bankrupt on April 9, 2013 by the Daejeon District Court 201Hadan2329, Apr. 9, 2013 and received the decision of permission for discharge by 230 if he/she had been declared bankrupt on August 5, 2013. The above decision of permission for discharge was August 20, 2013.

arrow