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(영문) 서울중앙지방법원 2015.01.16 2014가합24735

리스채권 등

Text

1. The defendant shall pay to the plaintiff the amount of KRW 471,93,660 as well as KRW 439,693,398 among them, from April 8, 2014 to the day of full payment.

Reasons

1. Indication of claim;

A. On February 26, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant and the Defendant with respect to the lease term of 51 months, acquisition cost of 50 million won, monthly lease cost of 2,583,34 won, annual interest rate of 9,763,299 won, annual interest rate of 25%, and monthly interest rate of 391,751,757 won, interest rate of 277,368,958, annual lease cost of 50 million won, monthly lease cost of 4-51, annual interest rate of 200.2) However, as of April 7, 2014, the Defendant paid the monthly rent to the Defendant for a long time after the conclusion of the said lease agreement. As of April 7, 2014, the amount of the Plaintiff’s claim against the Defendant is the total amount of the leased bond principal of 391,757 won, interest rate of 27,368,58 won.

B. On February 26, 2013, the Plaintiff entered into a loan agreement between the Plaintiff and the Defendant for consumption of money, and the Defendant’s delay in repayment of the principal and interest. The Plaintiff received loans from the Defendant at a rate of KRW 50 million per annum and KRW 25% per annum. However, the Defendant extended loans from the Defendant at around that time. However, on April 7, 2014, the amount of loans owed by the Plaintiff against the Defendant as of April 7, 2014 is KRW 4,405, KRW 118, KRW 88,103, KRW 88,536,523, normal interest, KRW 70,645, KRW 349, KRW 348, KRW 529, KRW 737.

C. In conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 25% per annum, which is the interest rate in arrears or the interest rate in delay, from April 8, 2014 on the following day to the date of full payment, for the total amount of KRW 471,93,660 (i.e., KRW 419,683,923 related to the Loan Agreement for Loan for Money of KRW 52,249,737 related to the Loan for Consumption of Money of KRW 41,751,757 related to the Loan of KRW 44,405,118, the leased principal, and KRW 3,536,523, the overdue principal, and KRW 439,693,398.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).