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(영문) 서울고등법원 2014.12.15 2014나6987
리스료
Text

1. Defendant (Counterclaim Plaintiff) Company A and Defendant B’s appeal against the principal lawsuit of this case and Defendant (Counterclaim Plaintiff).

Reasons

Basic Facts

On May 24, 2012, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant Company, and entered into a lease agreement between the Plaintiff and the Defendant Company, as well as the Plaintiff’s joint and several sureties A’s certificate No. 1 (Deposit Receipt) and No. 1 (Deposit Receipt). On May 24, 2012, the Plaintiff received a lease deposit amount of KRW 52,695,00 from the Defendant Company to the Plaintiff Company A (hereinafter “Defendant Company”) for the vehicle price of KRW 165,00,000, monthly rent of KRW 4,291,100, monthly rent of KRW 36 months (hereinafter “instant lease agreement”).

At the time, Defendant B, the representative director of the Defendant Company, guaranteed the performance of the obligation owed by the Defendant Company to the Plaintiff under the lease agreement of this case.

The main contents of the instant lease agreement are as follows.

[Goods Information] Products: The lease deposit amount of KRW 52,695,00: 52,695,000 for the lease period of KRW 36 months: overdue interest rate of KRW 25% per annum: 25% [Date of Payment] (25 days (Terms and Conditions of Automobile Facility Lease)] (1) A (the Defendant Company; hereinafter the same shall apply) shall pay the lease deposit specified in the Schedule of Terms and Conditions to B (the Plaintiff and the hereinafter the same shall apply) in cash to secure the performance of various obligations under this Agreement.

(2) Eul shall refund the lease deposit when the lease term under Article 3 expires, or when this contract is terminated pursuant to Articles 21 and 22, and it performs all obligations to be borne by Gap under this contract.

Provided, That in such cases, Eul shall not pay interest on the lease deposit to Gap.

(3) When the lease term expires or when a cause for termination of this contract occurs, Eul may appropriate it for the repayment of all obligations under this contract to be borne by A with the lease deposit.

Provided, That if the lease deposit is insufficient to extinguish the full amount of the debt of Party A, the expenses of Party B shall be incurred.

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