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(영문) 서울고등법원 2017.11.17 2017나2030079

기타(금전)

Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.

2. After an appeal is filed.

Reasons

The reasoning for this Court’s explanation is as follows: (a) it is identical to the entry of “1. Basic Facts” between the second and seventh sides of the judgment of the court of first instance, except for the addition of the following in the corresponding part to the third page of the judgment of the court of first instance; and (b) thus, it shall be cited by the main text of Article 420 of the Civil Procedure Act.

[Supplementary Parts] In this Agreement, "Lease" means a loan of facilities under the Specialized Credit Finance Business Act, as provided in this Agreement, provided that the plaintiff newly acquires or leases the leased goods selected by the defendant (hereinafter referred to as "goods") to the defendant for a period prescribed in this Agreement. The plaintiff shall be paid the lease fees on a regular basis as provided in this Agreement, and the disposal of the goods after the end of the period shall be subject to the provisions of this Agreement.

Article 17. Contract bond

2. The plaintiff shall refund the contract bond to the defendant when the defendant fully performs the obligation under the main contract at the expiration of the lease term.

3. In the event of the occurrence of the causes set forth in Article 20 of this Agreement, the Plaintiff may appropriate the overdue rental fee for the payment of the contract deposit and all or part of the present and future obligations against the Plaintiff.

Inasmuch as the Plaintiff’s assertion on the instant claim was terminated in the middle due to the Defendant’s nonperformance of the obligation to pay the principal and interest of the lease, the Defendant, a lessee, was entitled to pay the principal and interest of the instant lease, and the Defendant, as the lessee, deducted the Plaintiff, a lessee, from the stipulated loss amount of 453,939,546 won as of May 22, 2015 under the instant lease agreement (41,267,231 won equivalent to 10% of the outstanding principal of the outstanding principal of 412,672,315), and the interest amount of 1,172,41 won from May 22, 2015 until June 9, 2015, the date of termination from June 9, 2015, the amount of interest of 1,172,441 won, 58,079,356 won, 513,191,3430 won, 10304,530