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(영문) 서울중앙지방법원 2016.11.10 2016가단5121003
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 24, 2012, the Fund for the Adjustment of Basic Facts (hereinafter referred to as the “C”) leased Legrogra (Range 4.4D; hereinafter referred to as the “instant vehicle”) to the Fund for the Resolution of the Resolution of the Resolution of the Resolution of the Resolution of the Resolution of the Bank (hereinafter referred to as “C”) with the lease fee of KRW 44 months, monthly lease fee of KRW 3,477,400 (from two occasions, KRW 3,438,400), and the Plaintiff jointly and severally guaranteed C’s lease obligation.

[Ground of recognition] Facts without dispute, entry of Gap 1-3 evidence, purport of the whole pleadings

2. The Plaintiff’s assertion that: (a) around March 2013, the Defendant received the instant automobile from C and paid the lease fee; (b) did not pay the lease fee after April 2014; (c) the Plaintiff provided that the Plaintiff would pay the lease fee if he/she paid the lease fee; and (d) the contact is cut down after the Plaintiff paid the lease fee.

Since the Plaintiff paid 60 million won or more as the lease fee and penalty, etc. of the instant vehicle to the present day, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 60 million and damages for delay.

3. The plaintiff's assertion that the defendant agreed to pay the lease fee to the plaintiff, but there is no evidence to acknowledge it, and the plaintiff's assertion is without merit.

4. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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