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(영문) 인천지방법원 2016.07.08 2015나13744
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On October 25, 2007, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C (the representative director at the time was Defendant A) with respect to the D windowsom vehicle (hereinafter “instant vehicle”). On the same day, the Plaintiff loaned KRW 28,013,970 to C, and the Defendants jointly and severally guaranteed all obligations that C bears with respect to the instant lease agreement.

(1) Lease period: The overdue interest rate of 36 months (2): 24% (3) per annum: 28,013,970 won (a) monthly payment: 7,827,00 won (c) monthly payment: 753,750 won at one time; 2-36 times and 732,200 won (the use, maintenance, and tax and public charges, etc. of vehicles). (3) All expenses incurred in relation to the possession, possession, use, maintenance, etc. of a vehicle until the time the vehicle is returned after the lease contract is concluded, and all expenses, taxes, public charges, etc. (including penalties, administrative fines, automobile taxes, etc.) shall be borne by C.

④ In the event that C imposes a penalty or fine for negligence, etc. on the Plaintiff in relation to the vehicle use after receiving the vehicle, the Plaintiff shall pay the penalty or fine for negligence, etc. to the relevant agency, and C shall pay the amount equivalent to the penalty or fine for negligence, etc. paid by the Plaintiff, separate from the lease fee for the month in which

Article 28 (Joint and Several sureties) (1) A joint and several sureties shall guarantee to the Plaintiff all obligations to be borne by C under or in connection with this Agreement, including obligation to pay monthly payments, and shall discharge obligations jointly and severally with C.

B. The instant lease agreement was terminated on October 25, 2010, before October 25, 2010, by C in full payment of the lease fee.

C. On September 4, 2014, the Plaintiff filed a lawsuit against C on the procedure for the registration of the transfer of the ownership of a motor vehicle (No. 2014da5470) and filed a lawsuit on the acquisition of the ownership of the motor vehicle (No. 201Ga5470), and “C from the above court” on the ground of the transfer from the Plaintiff on March 9, 20

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