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(영문) 서울중앙지방법원 2020.04.21 2019가단5221423
사용료
Text

1. The defendant shall pay 14,627,950 won to the plaintiff and 24% per annum from July 30, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. On July 12, 2016, the Plaintiff entered into a motor vehicle lease agreement with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On the same day, the Defendant jointly and severally guaranteed the obligation of Nonparty Co., Ltd. to the Plaintiff.

According to the above contract, the plaintiff may terminate the above contract when the non-party company delays the lease fee at least twice, and the compensation rate for delay is 24% per annum.

B. Since June 2019, the Plaintiff terminated the said contract if the Nonparty Company did not pay the lease fee more than twice.

C. As of July 29, 2019, the amount of the settlement of termination that the non-party company should pay to the Plaintiff upon the termination of the contract remains KRW 14,627,950 (the remaining amount, past interest, arrears, overdue interest, and interest rate before maturity).

[Ground for Recognition: Facts without dispute, entry in Gap evidence 1 through 5, purport of the whole pleadings]

2. According to the above facts of determination, the Defendant, a joint and several surety of the non-party company, is liable to pay to the Plaintiff the remaining termination settlement amount of KRW 14,627,950, and damages for delay calculated by the rate of 24% per annum, which is the interest rate for delay from July 30, 2019 to the date of full payment.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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