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(영문) 서울중앙지방법원 2018.06.07 2017가단5102948
사용료
Text

1. The Defendants jointly pay to the Plaintiff KRW 10,11,617 and KRW 9,885,387 among them. From September 29, 2017, the Defendants shall pay to the Plaintiff full payment.

Reasons

1. Basic facts

A. On September 4, 2014, the Plaintiff leased to Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) one motor vehicle for AUD A6 motor vehicle (hereinafter referred to as “instant motor vehicle”) on the terms of lease amounting to 69,880,030, lease period of 60 months, residual value of 13,976,100, deposit amount of 6,988,100, applied interest rate of 6.72% per annum, monthly rent of 1,242,80, and delay damages rate of 25% per annum.

(hereinafter referred to as "the lease of this case"). (b)

Around September 2017, the Defendant Company terminated the instant lease agreement and returned the instant vehicle to the Plaintiff. On September 28, 2017, the Plaintiff sold the instant vehicle to the Defendants on September 28, 2017, during the instant lawsuit seeking the performance of obligations following the termination of the instant lease agreement, and appropriated the sales proceeds of KRW 32,142,50 for the repayment of the Plaintiff’s bonds upon the termination of the instant lease agreement. Accordingly, on September 28, 2017, the remaining obligations owed by the Defendant Company to the Plaintiff are KRW 10,11,617, total amount of the remaining obligations owed by the Plaintiff to the Plaintiff, and the principal amount is KRW 9,85,387.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6 through 8, the purport of the whole pleadings

2. According to the above facts, Defendant B, a principal debtor, and joint and several surety, is jointly obligated to pay to the Plaintiff damages for delay at the rate of 25% per annum from September 29, 2017 to the date of full payment, with respect to KRW 10,111,617 and KRW 9,85,387 among them.

3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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