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(영문) 서울중앙지방법원 2015.01.15 2014가단20781
사용료
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff the full amount of KRW 94,036,225 and KRW 67,740,549 from August 1, 2012.

Reasons

1. According to the evidence submitted by the Plaintiff to determine the cause of the claim, the Plaintiff: (a) was a corporation operating a specialized credit financial business under the Specialized Credit Financial Business Act; (b) concluded a contract for automobile facility leasing (lease) with Defendant A on July 12, 201 as the monthly payment rate of KRW 1,706,630; (c) annual damages rate of KRW 24%; and (d) lease period of KRW 44 months; (d) Defendant A Company lost its interest by delay at least ten times; and (e) as of January 21, 2014, the unpaid amount of KRW 94,036,225 [the amount of KRW 57,40,262 per cent [the amount of KRW 136,488,262 per cent through October 25, 2011; (b) overdue interest rate of KRW 18,567,781,7467,7816,757,7816,7,78167,7

Although the Plaintiff asserted that Defendant B jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff, it is not sufficient to recognize it solely on the basis of the partial entry of the evidence No. 1 (the Defendant B asserts that his signature and seal were forged, and it is not recognized that the Defendant B’s signature and seal were authenticly written or sealed), and there is no other evidence to acknowledge it.

Therefore, according to the facts of recognition, the defendant corporation is obligated to pay to the plaintiff 94,036,225 won and 67,740,549 won (i.e., the recovered principal 57,40,262 won from October 25, 201 to July 25, 2012 - the amount of refund of lease deposit - 6,70,000 won from July 25, 2012) with compensation for delay at the rate of 24% per annum under the agreement between the plaintiff from August 1, 2012 to the date of full payment.

2. The plaintiff's claim against the defendant A, a corporation, is accepted within the scope of the above recognition, and the remaining claim is dismissed. The plaintiff's claim against the defendant B is dismissed.

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