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(영문) 서울중앙지방법원 2015.03.05 2014가합49802

리스료 등

Text

1. The defendant shall pay to the plaintiff KRW 344,812,204 and KRW 113,443,470 among them, from December 21, 2013 to the date of full payment.

Reasons

1. Indication of claim;

A. On August 31, 2009, the Plaintiff was incorporated by the C&A Capital Co., Ltd. (hereinafter “C&A”), and succeeded to all of the credit-related business activities, including facility leasing of C&A Capital, installment financing, new technology business financing, and car sirens.

B. C&A entered into a facility lease agreement with the Defendant on December 10, 1996, and executed the lease to the Defendant. The Defendant terminated the above lease agreement on February 8, 1999, on the ground that the principal and interest of the lease fee to be paid monthly was in arrears for a long period. At the time, the amount of the lease claim against the Defendant was KRW 180,298,377.

After that, C&C recovered KRW 66,854,907 through the sale of leased articles, but still failed to receive the remainder amount of KRW 113,443,470.

C. C. C&C brought an action against the Defendant for the payment of lease fees, etc. as the Defendant did not pay the above debt, and the judgment was finalized on May 11, 2004.

The Plaintiff, even after the above judgment, was unable to obtain a debt from the Defendant, was KRW 344,812,204 ( principal KRW 113,443,470, interest in arrears 231,368,734).

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 19% per annum from December 21, 2013 to the date of full payment, as to KRW 344,812,204 and the principal amount of KRW 113,443,470.

2. Judgment with no applicable provisions of Acts (Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act);