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(영문) 전주지방법원 2014.09.25 2013가단36271
보증채무금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,927,057 and the interest rate thereon from September 28, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On March 27, 2013, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter referred to as “C”) on the attached list (hereinafter referred to as “instant automobile”), setting the lease agreement as KRW 75,976,00, total vehicle price including the consignment fee, KRW 48 months, monthly payment, KRW 1,725,970 (including automobile tax) (hereinafter referred to as “instant lease agreement”). On the same day, the Defendants jointly and severally guaranteed the Plaintiff’s obligation under the lease agreement and lease agreement to C.

B. C paid KRW 7,580,000 to the Plaintiff on March 27, 2013.

C. The content of the instant lease agreement (Evidence A No. 4 and 9) is as follows.

Article 6 (1) (ownership of a vehicle) C is limited to the right to possess and use a vehicle as provided in this Agreement during the lease period and in any case the right to ownership and other rights to the vehicle shall be confirmed to be the plaintiff.

In the event that Article 16 (2) 1 (Cancellation of the Contract by the Plaintiff) (i) violates the obligation to pay rent, insurance premium, lease deposit, etc. as provided for in this Agreement even once, the Plaintiff may terminate the contract and claim the return of the vehicle when the Plaintiff terminates the contract if C fails to perform the obligation within a reasonable period after demanding C to perform the obligation, to recover the defect, or to correct the violation, or to complete the correction of the defect or to correct the violation.

Where C fails to return a vehicle even though the contract has been terminated under Article 21(3) and (2) (the intermediate termination fee), the Plaintiff may request C to pay the vehicle damage amount (the remaining value of the vehicle after the expiration of the period) by the formula of “(the remaining principal) 】 110%.”

Where C delays the return of a vehicle despite the expiration or termination of the contract under Article 25(1)(b), C shall not later than the half of the vehicle damage amount under Article 21(2).

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