(영문) 수원지방법원 2018.02.09 2017나65609

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(영문) 수원지방법원 2018.02.09 2017나65609

보증채무금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On June 25, 2007, the Plaintiff entered into a facility lease agreement (hereinafter “lease agreement”) with C Co., Ltd. (hereinafter “C”) by setting the lease term as of June 25, 2010 with respect to the instant automobile (hereinafter “instant automobile”). The main contents are as follows.

The Plaintiff, as selected by C, purchased the instant vehicle from D in KRW 69,030,00,000, and leased the instant vehicle to C, and C would pay the lease fee ( KRW 48,321,000) stated in the terms and conditions for the lease period of 36 months to the Plaintiff.

(The overdue interest rate of KRW 20,709,000 on the expiration of the lease term). The lease period of KRW 25% per annum is 36 months from the date of issuance of the certificate.

The automobile tax is not included in the lease fee. After the termination of the lease term: Article 10 (Disposition after the Termination of the lease term) ① When C intends to acquire the leased property at the end of the lease term, C shall pay the acquisition amount stated in the terms and conditions to the Plaintiff at the end of the lease term, and complete the procedure for the transfer of ownership at the same time, and all the expenses incurred therein shall be borne by C. If the transfer of ownership is delayed, C shall pay the management fee of a certain amount as determined by the Plaintiff, and if the Plaintiff pays it on behalf of the Plaintiff due to the unpaid payment of all the expenses related to the vehicle, such as management fee, taxes and public charges, and fines, etc., the Plaintiff may take the corresponding credit preservation measure against C.

(C) Upon expiration of the lease term, C shall apply the amount calculated by the terms and conditions as the re-lease principal under the same condition as this contract for one year with the amount calculated under the terms and conditions as the re-lease principal.

(4) If the defendant decides to return the leased property upon expiration of the lease term, the property shall be returned in accordance with the following procedures:

(A) ① Re-lease or re-lease under paragraphs (3) and (4).

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