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1. The Defendant shall pay to the Plaintiff KRW 24,689,819 as well as KRW 24,535,329 as to the Plaintiff from July 16, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On August 24, 2012, the Plaintiff entered into an automobile rental contract with respect to the K7 B vehicles with a company (hereinafter “non-party company”) at an agreed period of 36 months, monthly rent of KRW 835,800, annual interest rate of arrears, annual interest rate of KRW 24%, remaining value of KRW 17,018,00 (hereinafter “instant contract”). On the same day, the Defendant jointly and severally guaranteed the Plaintiff’s obligation under the instant contract with the non-party company.
B. The non-party company did not pay the lease fee, and the plaintiff notified the non-party company that the contract of this case was terminated without a separate notice, but the non-party company did not pay the lease fee in arrears until the above date and time.
C. Meanwhile, the Plaintiff did not receive a refund of the said vehicle from the Nonparty Company until the date of the closing of argument in the instant case. Under the instant contract and the Plaintiff’s automobile lease agreement, the debt owed to the Plaintiff by the Nonparty Company, calculated as of July 15, 2014 based on the Plaintiff’s automobile lease agreement, is KRW 3,381,249, in total, KRW 354,40,400, KRW 25,616,180, penalty for delay, and fine for negligence, KRW 25,6180, penalty for delay, KRW 82,240, compensation for delay, KRW 82,250, and KRW 72,250, and the amount remaining after deducting KRW 4,816,50, and KRW 24,689,819.
[Ground of recognition] Facts without dispute, evidence A1 to 5, purport of whole pleadings
2. According to the above facts of determination, the instant contract was lawfully terminated due to the non-party company's default of the lease fees. Thus, the Defendant, who jointly guaranteed the debt of the non-party company, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the overdue interest rate of 24% from July 16, 2014 to the date of complete payment (the above 24,689,919 - KRW 82,240 - the overdue interest rate of 82,250 - the overdue interest rate of KRW 72,250).
3. The plaintiff's claim for conclusion is justified and accepted.