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(영문) 광주지방법원목포지원 2014.11.13 2013가단51474
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Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 29,816,32 and KRW 29,757,790, out of which are paid to the Plaintiff, from April 5, 2014.

Reasons

1. Facts of recognition;

A. On November 15, 2012, the Plaintiff entered into a car lease agreement (hereinafter “the instant lease agreement”) with Defendant Lone Star Co., Ltd. (hereinafter “Lone Star”) with the following content. Defendant A and B, on the same day, jointly and severally guaranteed the obligation of the Plaintiff under the instant lease agreement with the Plaintiff.

The name of the following model: The lease period of No. 4,686,00: the residual value estimated as KRW 4,686,00 for the lease deposit for 60 months: the overdue interest rate of KRW 997,90: The overdue interest rate of KRW 18,744,00: 24% per annum, penalty, administrative fine, and early cancellation fee, etc. shall be paid at the charge of the Defendant Non-ririririririririririririririririririririri, even though the lease contract of this case was terminated even during the lease contract of this case, Defendant Non-riririririririririririririririri, fails to perform the procedures for returning or purchasing the leased vehicle of this case, or for purchasing the leased vehicle of this case on the grounds of early termination.

B. Since February 2013, Defendant Syria did not pay the lease fees under the instant lease contract. On April 2, 2013, the Plaintiff notified the Defendants of the payment of the unpaid lease fees, and notified the Defendants of the termination of the instant lease contract without any separate notice of termination, on the ground that if the Defendants did not pay the rental fees in full by April 2, 2013, the Plaintiff would lose the benefit of the due date and would lose the interest of the due date. However, the instant lease contract was terminated on April 30, 2013 due to the Defendants’ failure to pay the rental fees in arrears within the said period.

C. (1) Even though the lease contract of this case was terminated as seen earlier, Defendant Boan Lone Star did not return the instant leased vehicle, and agreed to sell and dispose of the instant leased vehicle to the Plaintiff on March 2014, and (2) March 17, 2014.

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