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(영문) 서울중앙지방법원 2015.05.20 2014가합50697

동산인도등

Text

1. Defendant A and B shall jointly and severally pay to the Plaintiff KRW 179,923,893 and the interest thereon from October 15, 2014 to the date of full payment.

Reasons

The summary of the instant case is the case where the Plaintiff terminated the lease contract concluded with the Defendant A under the joint and several guarantee of Defendant B, and sought payment of overdue lease fees, etc. against the said Defendants, and seeks delivery against the Defendant C Co., Ltd. (hereinafter “Defendant Company”).

On the premise of fact, on May 8, 2012, the date of concluding a lease agreement No. 48 months, 3,845,236 won per annum 25% per annum 25% per annum on D 1 movables 48 months, 48 months, 7040, 3,517,515 won per annum 25% per annum on November 22, 2012, between Defendant A and Defendant A, who operated a wholesale business with the trade name “C,” each of the movables listed in the separate sheet (hereinafter referred to as “identical movables”) as follows, and 3,517,515% per annum between Defendant A and Defendant A, who operated a wholesale business with the trade name “C,” each of the movables listed in the separate sheet (hereinafter referred to as “individual movables” according to the sequence in the list) as follows: SIDIUS-7040, S/N: M/N1530D, respectively, concluded a lease agreement with Defendant B under the joint surety agreement:

Article 9 (Amount of Delay Damages)

1. If Eul (Defendant A) delays the payment of rent, stipulated loss, or the performance of obligations under this contract, it shall pay damages for delay in accordance with the interest rate specified in the detailed statement for the delayed period;

Provided, That the rate of damages for delay may be adjusted upward due to changes in the market interest rate, and it may be adjusted by the choice of the plaintiff (Plaintiff) without giving written notice to the plaintiff (Plaintiff).

Article 10 (Ownership of Things) 1.B is limited to the right to possess and use an article under this contract during the lease period, and in no case the ownership and other rights to an article shall be transferred to B.

2. B shall, as soon as the goods are delivered, cooperate in order for A to attach a sign indicating that the goods are owned by A in accordance with the Specialized Credit Financial Business Act, and this shall not apply until any obligation under this contract is fully repaid;