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(영문) 서울중앙지방법원 2020.10.20 2019가단5133984
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 63,679,252 as well as KRW 35,63,851 among them, from April 24, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 27, 2012, the Plaintiff entered into an automobile lease agreement with E Co., Ltd. (hereinafter “E”) and CDR 300 CDR vehicles (hereinafter “instant vehicle”), whereby the acquisition cost is KRW 57,350,170, contract deposit of KRW 17,205,100, lease period of KRW 36 months, monthly lease fee of KRW 1,438,70, and damages rate of KRW 24% per annum.

(hereinafter “instant lease agreement”). The Defendant, a representative of E, jointly and severally guaranteed the obligation of E to the Plaintiff under the said contract.

B. On May 8, 2012, E and the Defendant drafted a promissory note notarial deed against the Plaintiff on the remainder of 40,145,070 won (=57,350,170 - 17,205,100 won) after deducting the deposit from the lease amount.

(hereinafter referred to as “instant authentic deed”). C.

E delayed the payment of rent, the Plaintiff terminated the instant lease agreement on November 6, 2013, and urged the Defendant to return the instant vehicle.

On or around March 2014, the Plaintiff filed a complaint with the Defendant for embezzlement, and the Defendant was indicted on May 28, 2014 and was convicted of embezzlement for four months on August 29, 2014.

(J) The appeal (Korean Government District Court Decision 2014No2193) and the appeal (Supreme Court Decision 2015Do5898) were all dismissed, which became final and conclusive around July 2015, 2015.

(hereinafter referred to as "related criminal procedure") e.

On May 30, 2014, the Plaintiff received a collection order against the Defendant’s deposit claims based on the instant authentic deed.

(Seoul Northern District Court 2014TTTTTT 10647). In addition, the Plaintiff filed an application against the Defendant for property specification (Seoul District Court 2014Kadan491), and received a decision to specify the property on September 15, 2014.

F. Around December 2016, the Defendant filed an application for bankruptcy and exemption (the District Court Decision 2016Haak 3351, 2016Haak 3351, 2016, 3351), and the decision to grant immunity on February 23, 2018 (hereinafter “instant decision to grant immunity”), and the instant decision to grant immunity became final and conclusive on March 10, 2018.

was made in the above proceedings.

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