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(영문) 서울중앙지방법원 2018.10.24 2018가합518399
리스료 및 보증채무금
Text

1. Of the instant counterclaim, a notary public against the Defendant (Counterclaim Plaintiff) of the Plaintiff (Counterclaim Defendant) among the instant counterclaim is a joint law office on August 2006.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 3, 2006, the Plaintiff (former E Co., Ltd.) entered into an operation lease agreement with the Defendant (F Co., Ltd.) on a vehicle number GMW 740Li motor vehicle (hereinafter “instant motor vehicle”), which stipulates the vehicle price of KRW 151,40,00,00 for the vehicle number GMW 740Li motor vehicle (hereinafter “instant motor vehicle”). 36 months for the lease period, monthly rent of KRW 3,894,812 (payment on January 14), and overdue interest rate of KRW 24% per annum (hereinafter “instant lease agreement”).

In the lease contract of this case, the defendant (Counterclaim) who was the representative director of the defendant is written as joint and several sureties.

B. On the other hand, on August 18, 2006, with respect to promissory notes of KRW 145,381,000 (hereinafter “instant promissory notes”) issued by the Defendant and the Plaintiff (Counterclaim Plaintiff) in the name of the Plaintiff, a notary public, at the commission of the agent H, drafted a notarial deed with No. 5751 (hereinafter “instant notarial deed”) on the same day, as the 2006 Office of Djoint Law (hereinafter “instant notarial deed”).

C. On November 28, 2014, the Plaintiff terminated the lease agreement on the ground that the lease fee was overdue under the instant lease agreement.

On December 7, 2017, the lease fees in arrears as of December 7, 201 are the principal amount of KRW 216,60,729 and overdue interest of KRW 75,714,543, and KRW 292,315,272.

[Ground for Recognition] Defendant: Each statement of confession (Article 150(3) and (1) of the Civil Procedure Act): Defendant (Counterclaim Plaintiff): the absence of dispute; Gap evidence Nos. 1 through 9, 25; Eul evidence Nos. 5 (including each number; hereinafter the same shall apply); the purport of the whole pleadings

2. Determination as to the claim against the defendant

A. On August 3, 2006, the Plaintiff entered into the instant lease agreement with the Defendant and leased the instant automobile. Since then, the Plaintiff terminated the said lease agreement on November 28, 2014 as the Defendant did not pay rent.

Accordingly, the Plaintiff against the Defendant on December 7, 2017 as to KRW 216,60,729 and overdue interest of KRW 75,714,543 in total and KRW 292,315,272 in total and KRW 216,60,729 on the following day of the above base date.

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