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(영문) 서울중앙지방법원 2021.03.30 2019나71433
기타(금전)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff and the plaintiff's successor's claims are dismissed, respectively.

3.In the first instance.

Reasons

1. Facts of recognition;

A. On January 30, 2013, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded an operating lease agreement with the Plaintiff and BMWX630D vehicles (hereinafter “instant vehicle”) with the joint and several surety of Defendant C, setting the contract term of 36 months, financial application amount of 7,459,317, lease amount of 2,646,99 (each 25th day), interest rate of 24% per annum, 3% per annum of the remainder of the repayment fee (in the case of 12 months or less after the contract expires) (hereinafter “instant agreement”). The instant agreement began on June 31, 2013 with the Plaintiff and BMWX630D vehicles (hereinafter “the instant vehicle”). The Defendant Company terminated the lease agreement with the Plaintiff on October 31, 2013, the principal amount of 197, 2015, 1257, 197, 197, 197, 215.

(c)

The Plaintiff applied for a voluntary auction on the instant vehicle (F of the Incheon District Court) and received a dividend of KRW 1,760,510 on July 20, 2016 in the auction procedure, and received KRW 13,382,79 in the amount of refund of auction expenses and the additional amount of KRW 1,760,59. At the time of the said distribution, the Plaintiff paid KRW 48,491,225 in arrears (24 per annum) with interest on overdue rent and the amount of unpaid principal (24%) until the time of the said distribution, and paid KRW 3,636,712 in the legal measure cost.

(d)

On July 17, 2019, the Plaintiff filed a lawsuit against the Defendants for payment of delayed damages claim (hereinafter “instant claim”) against the Defendants of KRW 65,225,565 and principal KRW 60,262,587, and the court of first instance rendered a judgment citing the Plaintiff’s claim as stated in the purport of the claim on September 27, 2019.

E. On November 13, 2019, the Plaintiff transferred the instant claim to the Plaintiff’s succeeding intervenor. On December 11, 2019, the Plaintiff’s succeeding intervenor notified the Defendant of the transfer of the claim by content-certified mail, and thereafter, the Plaintiff’s succeeding intervenor reached the Defendant on December 11, 2019. On July 7, 2020, the Plaintiff filed an application for succession to the court of first instance.

F. Since then, the Plaintiff’s successor intervenor on December 1, 2020.

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