유체동산인도 등
1. The Plaintiff:
A. Defendant A Co., Ltd. delivers corporeal movables listed in the separate sheet;
B. The Defendants are the defendants.
1. The facts following the facts of recognition are deemed to have been led to the confession between the Plaintiff and the Defendant A Co., Ltd. (hereinafter “A”), and the Plaintiff and the Defendant B may not be disputed, or may be acknowledged by taking into account the whole purport of the pleadings as a whole, on the statements in subparagraphs 1 through 5 and 9 (including the branch numbers, if any).
On April 21, 2014, the Plaintiff entered into a contract for facility leasing (financial lease) with Defendant A (hereinafter “instant lease contract”) with the acquisition cost of KRW 85,00,000, and KRW 36 months from the delivery date of the receipt of the leased object for the lease period, KRW 25,50,00, and KRW 1,947,250 per annum, interest rate of KRW 1,947,250 per annum, interest rate of KRW 6.2% per annum, interest rate of KRW 24% per annum, interest rate of KRW 10% per annum, and interest rate of the fixed loss rate of KRW 10% per annum. Defendant A received the instant movable on the same day, and signed and sealed on the receipt of the leased object.
B. Meanwhile, Defendant B guaranteed the present and future joint and several obligations owed by Defendant A to the Plaintiff under the instant lease agreement.
C. However, as Defendant A lost the benefit of time due to the delayed payment of the lease fee under the instant lease agreement, the Plaintiff notified the Defendant A of the termination of the instant lease agreement on January 6, 2015.
Meanwhile, pursuant to the instant lease contract, 61,069,737 won in total as of February 24, 2015 (i.e., the unpaid principal and the stipulated loss amount (i.e., KRW 65,83,812 in total) (i.e., KRW 6,956,956,365 in average interest of KRW 1,151,272 in late interest of KRW 1,810,587 in late interest of KRW 815,060 in late interest of KRW 815,060 in late interest of KRW 2,641 in late interest of KRW 25,50,00 in lease deposit). Damages incurred due to the delay in the return of the instant movable property are KRW 71,399 per day.
2. Determination
A. 1) Claim against Defendant A is identical to the above facts recognized as the indication of claim. 2) Judgment of deemed confession based on recognition (Article 208(3)2 of the Civil Procedure Act)
B. The ground for the claim against the defendant B is one of the claims.