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(영문) 서울중앙지방법원 2016.05.12 2015가단5334956

사용료

Text

1. The Defendant shall pay to the Plaintiff KRW 29,431,868 and interest rate of KRW 25% per annum from January 1, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. On March 14, 2014, the Plaintiff entered into a contract for equipment leasing equipment (hereinafter “instant lease contract”) with the Defendant, with the Plaintiff, the lessee, the Defendant, the lessee, the lease amount of KRW 110,00,000, the lease amount of KRW 36 months, the lease amount of KRW 1,748,180 per month, the lease rate of KRW 25% per annum, and the overdue interest rate of KRW 25%, and the Plaintiff received the contract deposit of KRW 55,00,000, and delivered the said equipment to the Defendant.

B. The Defendant paid the lease fee under the instant lease agreement up to 11 times, and did not pay the remainder of the lease fee. On this ground, the Plaintiff terminated the instant lease agreement on August 28, 2015.

C. As of August 28, 2015, the date of termination, KRW 90,313,192 under the instant lease agreement, interest KRW 93,826 from the date of termination to the date of termination after the date of delinquency in the amount of the unpaid principal, KRW 93,826, statutory loss KRW 9,031,319, and overdue lease KRW 4,779,662 remain unpaid. However, the Plaintiff appropriated KRW 55,00,000 for the contract deposit paid by the Defendant to pay the said debt.

Meanwhile, on December 31, 2015, the Plaintiff recovered the lease equipment from the Defendant and received KRW 24,000,000 from the Plaintiff.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 7 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant was liable for damages for delay calculated at the rate of 25% per annum from August 29, 2015 to August 28, 2015 upon termination of the instant lease agreement (i.e., KRW 90,313,192, interest on the outstanding principal amount of KRW 93,826,826, total loss amount of KRW 93,031,319, KRW 319,62, KRW 4,779, and KRW 62, KRW 55,00,000, and KRW 25% per annum. < Amended by Presidential Decree No. 26548, Aug. 29, 2015>

However, on December 31, 2015, the sales price of the instant lease equipment recovered by the Plaintiff was KRW 24,00,000,000, KRW 4,213,869, which was calculated by 25% per annum from August 29, 2015 to December 31, 2015, and the remainder of KRW 19,786,131 (=24,00,000 - KRW 4,213,869).