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(영문) 서울중앙지방법원 2018.10.17 2018나27385

기타(금전)

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at all business activities related to the credit specialized industry, and the Defendant A (hereinafter “Defendant A”) is a company that aims at manufacturing and installing steel structures, and the Defendant B is a person who was the representative director of the Defendant Company.

B. On February 20, 2013, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the Defendant Company, setting the acquisition cost of KRW 20 million, KRW 36 months, monthly lease rate of KRW 422,291, annual lease rate of KRW 5.3%, annual overdue interest rate of KRW 25%, and at least around that time, delivered the instant lease object to the Defendant Company.

C. Defendant B guaranteed all the Defendant Company’s obligations to the Plaintiff under the instant lease agreement.

The main contents of the instant lease agreement are as follows.

Where any of the following provisions of Article 20 termination of the contract occurs to the defendant company, the plaintiff shall notify the defendant company of the correction of the violation within a reasonable period specified, and if the defendant company fails to correct the violation within such period, the defendant company shall lose the benefit of time, and the plaintiff may terminate the contract.

However, this contract may be terminated without a peremptory notice, if it is impossible to correct in light of the nature of the matter.

5. When the performance of an obligation under this contract or any other contract concluded with the Plaintiff is not due or when the provisions governing important prohibited acts under the contract are violated; and

E. On April 28, 2014, the Plaintiff notified the Defendant Company of the termination of the instant lease agreement at KRW 12,374,995, the sum of overdue rent and overdue interest in arrears by the Defendant Company, following the delinquency in paying the lease fee.

F. The remaining debt amount as of January 20, 2015 under the instant lease agreement is KRW 10,55,456.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 6 evidence, and all pleadings.