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(영문) 서울중앙지방법원 2015.03.26 2014가합52785

리스금

Text

1. The defendant shall pay to the plaintiff KRW 339,910,172 and KRW 174,323,307 among them, from October 18, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On June 7, 2010, the Plaintiff entered into a lease agreement as indicated below, and the Defendant occupied and used the following items.

Contract Number 100-818122, et al., for which one acquisition cost is 262,00,000 monthly rent of KRW 5,972,380 (1-36), 36 months overdue interest rate of 25% for the lease period of KRW 36 months

B. According to the foregoing lease agreement, if a lessee fails to perform his/her obligation, such as lease fees, the lessee may terminate the contract without any separate notice if he/she notified the lessee of the performance for a reasonable period of time and fails to comply therewith (Article 20 of the lease agreement). If the contract is terminated, the lessee shall pay the lessee a stipulated loss amount that the lessee redeems for the lease company at once (Article 22 of the lease agreement).

C. The Plaintiff claimed for the payment of the lease amount to the Defendant, but the Defendant did not comply with it and was not paid a total of KRW 339,910,172 (the principal amount was KRW 174,323,307) as of October 17, 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 25% per annum from October 18, 2014 to the date of full payment of the agreed interest rate of 339,910,172 won and 174,323,307 won among them.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;