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(영문) 서울중앙지방법원 2015.02.05 2014가합16505

리스채권등

Text

1. The Plaintiff, Defendant A, and Defendant B, jointly and severally with Defendant A, KRW 24,441,182, and each of the above amounts.

Reasons

1. Basic facts

A. As indicated in the table 1 below, the Plaintiff entered into each lease agreement (hereinafter “each of the instant lease agreements”) with respect to each of the instant movable properties listed in the separate sheet owned by Defendant A and the Plaintiff (hereinafter “each of the instant movable properties”), and, when referring to an individual lease agreement, hereinafter “the instant lease agreement”) according to the sequence below.

[Attachment 1] 25% per annum of 25% per annum of 36 March 27, 2013, 201, 611, 720 won per annum of 25% per annum of 25% per annum of 36 months, 36 months, 417, March 27, 2013, as stated in the attached Table 1 attached Table 2, paragraph 1, as of the date of concluding the lease contract for each movable property described in the attached Table 2, paragraph 3.

B. On June 17, 2013, Defendant B guaranteed all obligations owed by Defendant A to the Plaintiff under the instant lease agreement.

C. According to each of the lease contracts of this case, ① Defendant A shall pay the lease fees specified in the specification table in cash in the Plaintiff’s place of business or any other place designated by the Plaintiff (Article 8(1)); ② In the event that Defendant A fails to pay the obligation under the above contract at the due date for payment, the Plaintiff shall notify the Plaintiff of the performance thereof within a reasonable period specified, and if Defendant A fails to pay the obligation within that period, the Plaintiff may lose the benefit of the due date and the Plaintiff may terminate the contract (Article 20(5)); ③ in the event of a cause for termination of the contract, the Plaintiff may claim the total amount of the obligation owed to the Plaintiff under the above contract, such as the provision loss, overdue lease, regardless of whether the contract was terminated.

(Article 21, Paragraph 3). (c)

When Defendant A delayed payment of the lease fee, the Plaintiff notified Defendant A of the termination of each of the lease agreements of this case on February 25, 2014.

As of February 25, 2014, the Defendant A’s debt amount to the Plaintiff as of February 25, 2014 is the sum of the statutory loss amount under the instant lease agreement and the overdue lease amount of KRW 38,340,493, and the statutory loss amount under the instant lease agreement and the overdue lease amount of KRW 88.