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(영문) 서울중앙지방법원 2015.07.07 2014가단229366

리스금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 71,063,158 and KRW 63,769,029 among them, from May 1, 2015 to June 16, 2015.

Reasons

1. Facts of recognition;

A. On December 20, 2013, the Plaintiff entered into a lease agreement for automobile facilities (hereinafter “instant agreement”) with Defendant A Co., Ltd. on the condition that the Defendant Co., Ltd. would pay the Plaintiff the lease deposit of KRW 1,818,00,00 to the Plaintiff and pay the lease deposit of KRW 2,448,960 (one to twelve times) or KRW 2,290,80 (13 to thirty-six times per annum per annum) each month (25% per annum).

B. The main contents of the instant contract are as follows.

(hereinafter referred to as “B” and “A” refer to the Defendant). Article 17 (Rescission of the Contract under B)

2. If a cause or event set forth in any of the following subparagraphs occurs to A and Eul urged him to perform, to remedy any defect or to correct any violation within a reasonable period set by Eul, and then A fails to perform within such period, to complete the cure of any defect, or to correct any violation, Eul may terminate this contract:

(1) Where he/she violates the obligation to pay lease fees, insurance premiums, deposits, etc. provided for in this Agreement, even once.

4. Where a lease contract is terminated under this Article, and where Party A does not perform or complete the return of a vehicle under Article 19, Party A shall compensate Party B for damages in accordance with the following formula on the basis of the date of termination:

▷ 미수금 = 해지일 현재의 연체 월납입액+경과 월납입액+기타 을이 채권회수 및 권리보전 행사를 위하여 부담한 일체의 비용 제19조(차량의 반납, 매입 및 리스계약 종료 후 처리)

1. Where this contract is terminated or the lease term expires pursuant to Articles 17 and 18, A shall promptly return the vehicle on the date of termination or the date of expiration of the contract.

2. At the same time as the return of the vehicle under paragraph 1, A shall pay the earlier termination fee under Article 21(1) to B.