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(영문) 부산지방법원동부지원 2016.06.22 2015가단212567
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 48,920,701 and KRW 48,822,907 among them, 24% per annum from August 13, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 6, 2015, the Plaintiff entered into an automobile lease agreement with B Co., Ltd. (hereinafter “Nonindicted Company”) with the following content.

Terms of Agreement: Lease Fee of 32 months: 1,070,300 won in arrears: The remaining value of 24%: the model name of 24,183,00 won: K9 Robles Social A/T Vehicle Number: KS : Other insurance premiums, penalties and administrative fines due to negligence of drivers, etc.

B. In the joint and several sureties column of the above lease contract, the defendant's signature that was signed by the representative director of the non-party company at the time is stated, and the defendant's seal imprint is affixed next thereto, and the defendant's certificate of personal seal is attached.

C. According to the instant lease contract, if the non-party company delays the payment of the lease fees, the non-party company should lose the benefit of the time and pay the fees for overdue lease and the fee for early termination of the lease contract to the Plaintiff. If the return of the vehicle is delayed even after the lease contract was terminated, the refund delay amount shall be paid.

As the non-party company did not pay the lease fees, the Plaintiff notified the termination of the instant lease agreement. As of August 12, 2015, the sum of overdue lease fees, termination fees, and outstanding principal, etc. to be paid to the Plaintiff by the non-party company is KRW 48,920,701. Of them, the legal costs are KRW 48,822,907, excluding the legal costs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff damages for delay calculated at the rate of 24% per annum, which is the overdue interest rate from August 13, 2015 to the date of full payment, as to KRW 48,920,701 and KRW 48,822,907 among them, unless there are special circumstances.

B. The defendant's assertion 1) The defendant's assertion D.

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