(영문) 서울중앙지방법원 2019.11.08 2018가단59466

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(영문) 서울중앙지방법원 2019.11.08 2018가단59466

리스금 등 청구의 소

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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 57,767,832 and KRW 57,39,100 among them, from October 18, 2018.

Reasons

1. Basic facts

A. On August 23, 2017, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on which the acquisition cost of KRW 85,00,000 (ZK-60A), monthly lease fee of KRW 2,203,340, lease period of KRW 36 months, and overdue interest rate of KRW 25% per annum (hereinafter “lease agreement”).

Defendant C jointly and severally guaranteed the obligation of Defendant C to the Plaintiff.

B. On August 23, 2017, Defendant B lost the benefit of time due to delayed payment of rent while using leased goods upon delivery. On October 1, 2018, the instant lease contract was terminated.

C. As of October 17, 2018, Defendant B’s obligation for the lease as of October 17, 2018 remains the principal amounting to KRW 57,513,970 (i.e., the amount of interest at the time of termination KRW 57,339,100, the amount of interest at the time of termination KRW 174,870), and overdue interest amounting to KRW 57,767,832.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement lost and terminated the benefit due to the delinquency in the lease fees of Defendant B, and the Defendant C jointly and severally guaranteed the obligation of Defendant B, the Defendants jointly and severally are liable to pay to the Plaintiff damages for delay calculated at the rate of 10.1% per annum as requested by the Plaintiff from October 18, 2018, following the last day of the calculation of interest, to the interest rate of KRW 57,767,832, and the principal amount of KRW 57,39,100, among the lease obligations, to the date of full payment.

B. The Defendants asserted that it is unreasonable to claim the overdue lease obligation against the Defendants, since D Company paid the lease fee to the Plaintiff while acquiring and using the leased object from Defendant B, and agreed to accept the instant lease agreement between the Plaintiff and the Plaintiff.

However, the evidence presented by the Defendants is alone.

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