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(영문) 서울중앙지방법원 2015.07.24 2014가합49826

리스료

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 181,101,263 as well as the interest rate from May 14, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On June 21, 2013, the Plaintiff entered into two lease agreements with Defendant A Co., Ltd. (hereinafter “Defendant Company”). Defendant B and C jointly and severally guaranteed the obligation to the Plaintiff under each of the following lease agreements. The Defendant Company occupied and used each of the following lease items from around that time:

(1) Lease contract number: D/Lease amount: 157,90,000 won/monthly lease amount: 3,204,010 won/Late interest rate: 25% per annum: 48 months. < Amended by Presidential Decree No. 17073, Feb. 1, 2000; Presidential Decree No. 1758, Feb. 1, 2000; Presidential Decree No. 17588, Feb. 29, 2029; Presidential Decree No. 17577, Feb. 1, 2000; Presidential Decree No. 17577, Feb. 29, 200; Presidential Decree No. 17517, Feb. 2, 204; Presidential Decree No. 17517, Feb. 3, 2005>

B. As of May 13, 2013, the rent that the Defendant Company did not pay under each of the above lease agreements reaches KRW 181,101,263 (i.e., the first lease agreement 70,409,707 KRW 110,691,466).

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the aforementioned KRW 181,101,263 as well as damages for delay calculated by the rate of 25% per annum as stipulated in each of the above lease agreements from May 14, 2013 to the date of full payment.

[Based on the recognition] Defendant Company, B: Each entry in the evidence Nos. 1 and 2 (including each number), and Defendant C’s purport of the entire pleading: deemed confession (Article 257(1) of the Civil Procedure Act)

2. Applicable provisions;

(a) Defendant Company and B: Article 208(3)3 of the Civil Procedure Act (a)

B. Defendant C: Article 150(3) and (1) of the Civil Procedure Act (amended by Act No. 150(1)