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(영문) 서울중앙지방법원 2015.06.05 2015가합3674

리스채권등

Text

1. The Defendants are to the Plaintiff:

(a) Joint and several 143,523,317 won and 132,136,912 won among them shall be from January 24, 2015.

Reasons

1. On March 6, 2012, the Plaintiff indicated the claim against the Defendant A at KRW 41 months of lease, KRW 30,00,00 ( KRW 1,677,500 per month or May, KRW 6 through KRW 41 per month, KRW 7,541,188 per month), and KRW 25 per annum for delayed payment of lease fees. The Plaintiff delivered the said movable property to the lessee.

Defendant B guaranteed Defendant A’s debt under the above lease contract on the same day.

The Plaintiff terminated the lease agreement on the ground that Defendant A did not pay the lease fee.

As of January 23, 2015, Defendant A paid 132,136,912, and delay damages 11,386,405, respectively, as of January 23, 2015.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the total sum of KRW 143,523,317 as well as the principal amount of KRW 132,136,912 as well as damages for delay calculated by the rate of 25% per annum as stipulated in the above lease agreement from January 24, 2015 to the date of full payment.

Furthermore, the Defendants are obligated to deliver to the Plaintiff movable property listed in the separate sheet.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);