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(영문) 서울중앙지방법원 2015.04.03 2013가합88022
리스채권 등
Text

A. Defendant A Cooperatives, B, C, and D are jointly and severally liable to the Plaintiff for KRW 340,529,251 and KRW 335,716,701 among them.

Reasons

On November 11, 201, the Plaintiff entered into a lease agreement with the Defendant Association (hereinafter “the instant medical device”) on each of the medical devices listed in the separate sheet (hereinafter “the instant medical device”) on the following grounds: (a) the Plaintiff acquired the ownership of KRW 595.10,000 from the Plaintiff Co., Ltd. (hereinafter “EM”) and leased the ownership to the Defendant Association for 48 months; and (b) the Defendant Union shall pay the Plaintiff the Plaintiff the lease fee of KRW 12,258,200 (payment on March 25, 201) (hereinafter “the instant lease agreement”). The main contents are as follows.

(A) Article 4 (Delivery and Acceptance of Goods). 1. (1) of the Act (referring to the defendant association) shall, when an article arrives, or is delivered from a seller or a party Gap (referring to the plaintiff), complete the inspection and issue a receipt to the Party A without delay after its establishment.

(2) The lease period shall begin from this day after the date a receipt is issued as of the completion of delivery of goods.

Article 19 (General Loss Amount) (1) The amount of the prescribed loss shall be the sum of the interest on the cost for acquisition by unrefied recovery from the date of termination of the contract to the date of termination of the contract and the amount equivalent to 5% of the acquisition cost by unrefied recovery acquisition cost

(3) Where the lease fee is overdue on the date of termination, or where Gap has paid expenses for the preservation or exercise of claims and rights under this contract, the amount calculated under the preceding paragraph plus overdue lease fee, payment expenses and overdue interest shall be the stipulated loss amount, and the terms "amount of losses" under this contract and the provisions thereof shall be used in the same sense.

Article 21 (Termination of Contracts) (4) When any ground falling under any of the following subparagraphs has occurred to B, A shall notify B of the ground therefor:

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