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(영문) 서울중앙지방법원 2019.11.25 2019가단5066565

리스채무금

Text

1. The defendant shall pay to the plaintiff KRW 58,730,328 as well as KRW 49,042,701 among them, from February 16, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. (1) On August 13, 2015, the Plaintiff: (a) determined on August 13, 2015, the lease term of 48 months; (b) lease deposit of 14 million won; (c) lease fees of 906,500 won at one time to 3 times; and (d) lease fees of 3,327,400 won at a lease rate of 3,327,400 won and annual interest rate of 10.7% (hereinafter “instant lease agreement”).

(2) Meanwhile, according to Article 24 of the lease agreement of this case, where the lease of this case is terminated earlier, the Defendant shall pay to the Plaintiff the prescribed loss amount calculated by the ratio of 10% to the unpaid principal.

B. However, on August 31, 2018, the Defendant did not pay the rent, and the Plaintiff notified the Defendant of the termination of the contract that “the instant lease agreement was terminated pursuant to Article 20(2) of the terms and conditions of the said lease agreement to the effect that the Plaintiff may terminate the contract if the Defendant did not pay the rent more than twice consecutively,” and the notification reached the Defendant around that time.

C. Meanwhile, the money that the Plaintiff is obligated to pay to the Defendant, calculated as of February 15, 2019 upon the termination of the instant lease agreement, is as shown in the attached Table.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff 58,730,328 won (i.e., interest of KRW 51,252,04 at the time of termination 65,462 at the time of termination 11,790,697 overdue interest of KRW 11,518,90,697 at the time of termination 204,215 for overdue interest of KRW 5,125,200 for overdue interest of KRW 2,773,847 at the time of termination 5,125,200 for overdue interest of KRW 14,00 for the late interest of KRW 14,70,000 for the principal amount of KRW 49,042,701 for the late interest of KRW 51,252,04 at the time of termination and interest of KRW 11,790,697,000 for late interest of KRW 17.

(b).