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(영문) 부산지방법원 2015.05.20 2014가합48340

사용료

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 2,009,164,678 as well as the interest rate from July 17, 2014 to the day of full payment.

Reasons

1. Determination as to the claim against Defendant A and B

A. On November 1, 2011, the Plaintiff entered into a lease agreement with D (hereinafter “instant lease agreement”) with respect to medical devices, such as CET (EMTIN 16C) for a lease period of 51 months, lease deposit of 535,00,000 won, lease fee of 34,195,410 won, four times to 51 times, and 129,781,970 won, overdue interest rate of 25% per annum. The Defendants jointly and severally guaranteed the lease agreement.

D From June 2014, the Plaintiff delayed the payment of the lease fee, and the Plaintiff’s early termination of the instant lease contract. The Plaintiff was obligated to pay the lease fee of KRW 2,486,881,84, interest (interest plus interest) of KRW 8,204,036, interest (interest plus interest) of KRW 591,451, and the repayment fee of KRW 2,54,263,608, which is the sum of KRW 486,277,586,27, and the repayment fee of KRW 2,544,263,60, and KRW 535,00,000,000, and KRW 98,930,930,00,000, KRW 209,664,636,7586,57,205, and KRW 305,756,705,00,000.

(b) Judgment on deemed confessions of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) and (1) of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion 1) The Plaintiff entered into the instant lease agreement with D on November 1, 201, and the Defendants are joint and several sureties (hereinafter “joint and several sureties”).

Since Defendant C had been jointly and severally with Defendant A, the sum of KRW 2,486,81,844, interest (interest elapsed interest) KRW 8,204,036, late 591, and late 2,586,277, including repayment fees of KRW 48,586,263,608, plus KRW 535,00,000, plus KRW 98,930,000, including advance payment and other 98,930,000 (=2,54,263,608, -535,000,000, -98,930, and delay damages.