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(영문) 수원지방법원 안양지원 2018.05.16 2017가단119316

리스채무금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 101,963,237 as well as KRW 101,562,553 as from September 1, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each facility leasing agreement (Operation Lease) (hereinafter collectively referred to as the “instant lease agreement”) with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”). Defendant B jointly and severally guaranteed all obligations owed by the Defendant Co., Ltd. to the Plaintiff pursuant to the instant lease agreement.

(1) Loan number: 14,839,30 won in monthly rent of KRW 153,39,300 in monthly rent of KRW 2,246,90 in monthly rent of KRW 153,39,300 in the name of the vehicle on January 16, 2014 on the date of concluding the contract C. D. Loan number of KRW 2,246,90 in the monthly rent of KRW 153,39,30 in the vehicle on January 16, 2014.

B. Article 21(2)1 of the terms and conditions of the Plaintiff’s operating lease agreement applicable to the instant lease agreement stipulates to the effect that “where a customer sells or purchases goods under this Agreement, it shall be deemed that the lease agreement is terminated.” The instant lease agreement was terminated on August 24, 2017 on the same day as the sale of a vehicle under the said agreement.

C 30,88,886 KRW 121,863 KRW 31,01,010,749 KRW 34,650,391 KRW 136,702 KRW G 34,787,093 KRW G 36,023,276 KRW 142,19 KRW 36,165,395 KRW 101,562,53 KRW 400,684 KRW 101,963,237 KRW 237 of KRW 136,702 KRW 34,787 of KRW 34,787 of KRW 34,787 of the total amount of principal damages for delay, such as unpaid loan numbers and rents.

C. The above B.

Article 24 and Article 26 of the Terms and Conditions in the Paragraph provide that “Where this contract is terminated earlier, a customer shall pay unpaid rental fees, early termination fees, and statutory damages as of the date of termination, and compensate for damages incurred during the lease period.” The same shall apply accordingly.