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(영문) 서울중앙지방법원 2016.01.13 2014가단5355079
대여금
Text

[2014dan535079]

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 117,243,792 and KRW 70,676,404 among them.

Reasons

Judgment on the Grounds of Claim

1. Basic facts [2014dan5079]

A. On April 20, 2010, the Plaintiff concluded a motor vehicle lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the following contents, and Defendant B jointly guaranteed the obligation under the above contract with the Defendant Co., Ltd.

Name of a motor vehicle model: 16,00 acquisition price: Lease period of 116,00,000 won: 36 months: Interest rate of 3,162,800 won per annum: 11.7435% per annum: 24% per annum: Repayment of principal and interest.

B. The Defendant Company violated its duty to pay rent from March 20, 201, and continued to delay the payment of rent even though the Plaintiff notified the payment thereof for a reasonable period of time.

Accordingly, the Plaintiff terminated the above contract on August 10, 201.

C. The balance of the principal and interest of bonds under the above contract as of September 18, 2014 is KRW 117,243,792 in total (the principal of KRW 70,676,404 in interest, etc.).

[2014dan535086]

A. On June 18, 2010, the Plaintiff concluded a motor vehicle lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the following contents, and Defendant B jointly guaranteed the obligation under the above contract with the Defendant Co., Ltd.

The name of a model: M.Benz S63 AMG acquisition cost: Lease cost of KRW 84,000: Monthly Lease Fee of KRW 36 months: 2,942,200: The interest rate of KRW 2,942,200 per annum: 15.745% per annum: The repayment method of principal and interest shall be 24% per annum.

B. The Defendant Company violated its duty to pay rent from March 22, 201, and continued to delay the payment of rent even though the Plaintiff notified the payment thereof for a reasonable period of time.

Accordingly, the Plaintiff terminated the above contract on August 10, 201.

C. The balance of the principal and interest of bonds under the above contract as of September 19, 2014 is 8,171,268 won in total (30,184,636 won in principal, 57,986,632 won).

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination [2014da5079] According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to the Plaintiff for a total of KRW 117,243,792, and the interest and interest on the bonds under the above contract.

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