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(영문) 서울중앙지방법원 2016.05.20 2015가단38642
리스료
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 69,919,630 as well as KRW 69,728,590 among them, from January 3, 2015.

Reasons

1. Facts of recognition;

A. On November 16, 201, Defendant A entered into an automobile lease agreement with the Plaintiff and Marastecutete (hereinafter “instant automobile”) with the acquisition cost of KRW 200,000,00,000, lease term of KRW 36 months, monthly lease fee of KRW 3,605,70, and overdue interest rate of KRW 25%, and agreed to pay the remainder of the deferred principal at the expiration of the lease term of KRW 122,50,000,00.

(hereinafter “instant lease agreement”). B.

Defendant B guaranteed the above debt owed to the Plaintiff by Defendant A.

C. Although the instant lease agreement expired on November 15, 2014, the Defendants did not pay the lease fee of KRW 129,748,590 in total, including the leased fee of 36 times and the deferred principal.

On December 29, 2014, the Plaintiff disposed of the instant motor vehicle by public sale and redemption of KRW 60,020,000, and paid unpaid lease fees of KRW 69,728,590 ( KRW 129,748,590 - KRW 60,020,00). On January 2, 2015, the rental fees unpaid by the Defendants as of January 2, 2015 are KRW 69,919,630 ( principal damages of KRW 69,728,590 for delay damages of KRW 191,040).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid rental fee of KRW 69,919,630 and the agreed damages for delay calculated at the rate of 25% per annum from January 3, 2015 to the date of full payment.

3. Judgment on the defendants' assertion

A. The summary of the Defendants’ assertion is as follows: Defendant A purchased the instant vehicle from Mazers Korea (FMK) and paid KRW 45,000,000 of the vehicle price of KRW 245,000,000, and entered into the instant lease agreement regarding KRW 200,000,000.

Therefore, the Plaintiff has ownership of the amount equivalent to KRW 200,00,000 for the instant automobile and KRW 45,000 for the Defendant A, and considering the amount paid by the Defendant A, interest rate, etc., the attachment is attached when the lease contract expires.

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