리스금 청구의 소
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 37,937,521 and the interest rate thereon from January 26, 2018 to the date of full payment.
1. Facts of recognition;
A. On August 29, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a lease agreement with the Plaintiff on the basis of the acquisition cost of five articles, such as the joint ventures owned by the Plaintiff (hereinafter “instant leased articles”), 115,00,000,000, lease fee of KRW 2,618,205 (36), annual interest rate of 25% per annum, and 5,95% per annum.
(hereinafter “instant lease agreement”). Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligations under the instant lease agreement.
B. From June 7, 2016, Defendant Company did not pay the lease fee, and the Plaintiff terminated the instant lease agreement on November 22, 2016 on the ground that the lease fee was overdue.
C. The Plaintiff filed a lawsuit against the Defendant Company to seek the return of the instant leased article (Seoul Central District Court 2016Kadan102038) and the Defendant Company delivered the instant leased article to the Plaintiff on July 2017.
At the time of termination of the lease contract of this case, the amount of credit was 46,985,849 won after deducting deposit 34,50,000 won from the sum of the unrepaid principal (unrepaid principal) 58,317,087 won, prescribed loss amount (10% of the unrepaid principal), and interest, etc. (46,985,849 won.
In addition, interest 16,92,142 won after termination, 6,959,530 won was incurred after termination.
E. The Plaintiff sold three of the instant leased items, and recovered KRW 33,000,000,000, but the remaining two cases were not yet sold.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, and 8, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendants jointly and severally paid KRW 37,937,521 to the plaintiff at the time of termination = KRW 46,985,849 + Interest KRW 16,92,142 after termination + Interest KRW 6,959,530-3 sales price of KRW 33,000,000, and the above KRW 33,000,000 after termination.