beta
(영문) 서울중앙지방법원 2014.12.18 2014가합519578

리스료청구

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest rate thereon from March 15, 2014 to the date of full payment.

Reasons

Facts of recognition

On August 27, 2012, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) on the estimated acquisition cost of KRW 2 billion: 51,577,031 per annum: 110% of the outstanding principal amount: The Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) entered into a lease agreement with the Plaintiff on the following terms and conditions of the lease agreement, with the Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) to determine the terms and conditions of the lease, such as acquisition cost, if the items are specified later, and the Defendant Co., Ltd entered into a lease agreement with the Plaintiff under the lease agreement with the Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”).

Article 17 (Deposit for Contract) (1) The Defendant Company shall pay to the Plaintiff the contract bond specified in the detailed statement as performance bond under each provision of this contract at the time of the conclusion of this contract, and the Plaintiff shall not pay interest on the contract bond.

The Plaintiff established the terms and conditions of each lease article and each lease on August 31, 2012, and October 5, 2012, between the Defendant and the Defendant on August 31, 2012. On February 4, 2014, the lease terms and conditions were finally changed. The details are as listed below.

As the Defendant Company delayed to pay monthly rent under the instant lease agreement, such as the termination of the instant lease agreement, the Plaintiff sought payment of overdue debts to the Defendant Company by March 7, 2014.

The Defendant Company did not comply with the above request for performance, and on March 14, 2014, the Plaintiff terminated the instant lease agreement on the grounds that the Defendant Company did not pay rent, and that the existence of the lease agreement and the said lease cannot be confirmed with the above military unit.

Meanwhile, as of March 14, 2014, the unpaid amount of the Defendant Company as of March 14, 2014 is the aggregate of KRW 52,86,733, interest 347,747, and stipulated loss amount of KRW 1,38,133,723.