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Reasons
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(영문) 서울동부지방법원 2018.05.02 2017가합111787
양수금
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1. Defendant (Appointeds) and Appointeds B jointly and severally with the Plaintiff KRW 1,339,08,740, and KRW 531,439,712.

Reasons

1. Basic facts

A. On July 31, 2006, the Defendant (Appointed Party; hereinafter “Defendant A”; hereinafter “Defendant B”) entered into the instant lease agreement with Korea Capital Co., Ltd. (hereinafter “Korea Capital Co., Ltd.”) by setting the lease term of 60 months with respect to the CAT 5130 CATR “CAT 5130 LALR” digging machines (hereinafter “instant digging machines”) for 60 months, lease fees of 20,596,000 won (However, from first to third times), and overdue interest rate of 24% per annum.

At the time, Defendant B (Defendant A’s wife) guaranteed Defendant A’s obligation to pay rental fees.

B. Defendant A did not pay the lease fee during the course of using the so-called digging pool in accordance with the instant lease agreement, and Defendant A terminated the instant lease agreement.

C. Since then, on June 5, 2012, the claim for the lease fee of the Republic of Korea Capital under the instant lease agreement was transferred to the Plaintiff on July 26, 2016.

The lease fee claim remaining as of October 13, 2017 is the principal amounting to KRW 531,439,712 and delay damages in accordance with the agreed interest rate and KRW 807,569,028 in total and KRW 1,339,008,740.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. Determination

A. According to the facts found as above, the Defendants are jointly and severally liable to pay the Plaintiff a total of KRW 1,339,008,740 of the unpaid rental fees, etc. and KRW 531,439,712 of the principal from October 14, 2017 to the date of full payment of the agreed overdue interest rate of KRW 15% per annum, as sought by the Plaintiff.

B. As to the Defendants’ assertion that the statute of limitations has expired, the Defendants asserted that the statute of limitations has expired. As to this, the Plaintiff’s provisional attachment against Defendant A’s construction machinery, including Korea’s Excavation on September 9, 2008.

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