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(영문) 창원지방법원 2019.08.22 2018나62888
리스료
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall not exceed 209,100,000 won and the first instance court.

Reasons

1. Basic facts

A. On June 29, 2016, the Plaintiff, a financial company, entered into a motor vehicle lease agreement with C to use a motor vehicle with the lease amount of KRW 160,831,810, contract term of KRW 60, and KRW 25% per annum (hereinafter “instant agreement”). The Plaintiff, a financial company, entered into the said agreement with C to use the motor vehicle with the lease amount of KRW 160,831,810, contract term of KRW 60, and an automobile lease agreement with the interest rate of late payment penalty (hereinafter “instant agreement”).

B. C did not pay monthly payments under the instant contract to the Plaintiff and lost the benefit of time. As of January 3, 2018, the amount of the Plaintiff’s obligation to the Plaintiff as of January 3, 2018 is KRW 148,026,385, interest 4,681,252, the late payment charge 9,397,475, and the late payment charge 10,250,233, the sum of KRW 172,35,345.

C. The lessee’s column of the instant contract includes C’s name, and the representative director’s seal impression is affixed next thereto, and the joint and several sureties’s name, workplace (C), position (representative director), address, etc. of the Defendant and the maximum amount of the guaranteed liability (hereinafter “the maximum amount of KRW KRW 00,000), and the Defendant’s seal impression is affixed thereto.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The allegations and judgment of the parties

A. At the time when the Plaintiff’s assertion and C entered into the instant contract, the Defendant jointly and severally guaranteed the obligation to be borne by C to the Plaintiff within the scope of KRW 209,100,000, based on the instant contract.

Therefore, the Defendant is jointly and severally liable with C to perform the obligation under the instant contract within the scope of KRW 209,100,000.

B. At the time of entering into the contract of this case alleged by the defendant, the defendant did not have any joint and several sureties's debt, and Eul, the actual operator of C, affixed the defendant's seal impression in the column of joint and several sureties of the contract of this case

(c) If the stamp image affixed to the person in whose name the document is written is affixed with his seal, the stamp image shall be affixed, unless there are special circumstances.

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