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(영문) 수원지방법원 2015.12.18 2015가단136094
사용료
Text

1. The defendant shall pay to the plaintiff the amount of KRW 131,040,362 as well as KRW 86,726,62 from May 14, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 13, 2008, the Plaintiff entered into an automobile lease contract (hereinafter “instant lease contract”) with the Plaintiff at the rate of 12,814,680 won, lease period of 48 months, and 25% per annum between the Plaintiff and the Plaintiff Lone Star Co., Ltd. (hereinafter “Sone Star Co., Ltd.”). The Defendant jointly and severally guaranteed the Plaintiff’s obligation under the above lease contract with the Nonparty Co., Ltd.

B. According to the instant lease agreement, where the non-party company delays the monthly rent at least twice, the Plaintiff may terminate the instant lease agreement with respect to the non-party company. In this case, the non-party company stipulates that the non-party company shall pay to the Plaintiff the overdue damages, damages for delay, etc. at once.

C. The Plaintiff terminated the instant lease agreement on the ground that the Nonparty Company did not pay the monthly rent more than twice, but did not pay the said rent.

Accordingly, as of May 13, 2012, the obligation under the instant lease agreement is KRW 86,726,622, and damages for delay 44,313,740, in total, KRW 131,040,362.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the lease contract of this case was lawfully terminated on the ground of the non-party company's non-performance of obligation to pay the lease fees. The defendant is a joint and several surety and is obliged to pay the plaintiff damages for delay at the rate of 25% per annum, which is the agreed interest rate of 131,040,362 won in total and the accrued principal from the lease contract of this case to the date of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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