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(영문) 부산지방법원 2016.08.10 2015가합48637

사용료

Text

1. The Defendant shall pay to the Plaintiff KRW 151,166,736 and the interest rate of KRW 24% per annum from September 25, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On November 28, 2013, the Plaintiff entered into a contract for facility leasing (hereinafter “the instant lease contract”) with the medical corporation, the medical corporation, the JI, and one other (hereinafter “the instant medical equipment”), which are medical equipment, with the terms of “the contracting number B, the acquisition cost of KRW 700,000,000, the lease deposit of KRW 100,000,000, the lease deposit of KRW 21,613,960, the monthly lease fee of KRW 21,613,960, the overdue interest rate of KRW 24,960, and the lease period of KRW 36 months from the date of entering into the contract, and the Defendant provided joint and several surety with the medical corporation under the instant lease contract.

(hereinafter referred to as “instant joint and several sureties contract”). (b)

The Plaintiff notified on May 13, 2015 that, since September 1, 2014, the Medical Foundation did not pay the agreed rent, the Plaintiff notified the Foundation of the payment of the overdue rent and the termination of the instant lease contract. On September 16, 2015, the Plaintiff notified that the instant lease contract will be terminated on the ground of the prolonged overdue payment of rent.

C. As of September 24, 2015, the remainder of the obligation owed by the Jin Chang Medical Foundation against the Plaintiff pursuant to the instant lease agreement is KRW 151,166,736, and the Jin Chang Medical Foundation did not return the instant medical equipment to the Plaintiff until now.

Meanwhile, among the terms and conditions of the instant lease agreement, the contents related to the termination of the contract and the return of the stipulated loss amount are as follows.

Article 20 (Cancellation of Contracts by Financial Companies) (2) Where a customer delays monthly rent at least twice a consecutive delay, a financial company may request the customer to terminate the contract after notifying the customer of the fact of delay of performance of the obligation and the termination of the contract based on such delay at least three business days prior to the date of termination of the contract, and where the customer fails to notify the customer three business days prior to the date of termination of the contract, the date of actual delivery.