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1. The Defendant shall pay to the Plaintiff KRW 33,621,580 and a rate of KRW 25% per annum from December 4, 2014 to the date of complete payment.
Reasons
1. Basic facts
A. On August 22, 2014, the Plaintiff entered into a contract for facility leasing (lease) with the Defendant using the trade name B at KRW 35,00,00 (excluding value-added tax), lease period of KRW 48 months, lease period of KRW 218,800 (excluding value-added tax), KRW 218,800, and KRW 793,300, respectively, on 4-48 occasions, on 110% of the outstanding principal of the prescribed loss amount (hereinafter “instant contract”), and received KRW 5,250,000 from the Defendant’s deposit.
B. Under the basic terms and conditions of credit transactions applicable to the instant contract, when a lessee is deemed to have suspended payment due to closure of business, escape, or any other reason (Article 8), a financial company may immediately terminate the lease contract without a peremptory notice (Article 20(1)). In such cases, where the monthly rent has been continuously delayed on at least two occasions, the financial company may terminate the contract after notifying the lessee to the lessee at least three business days prior to the date of termination of the contract (Article 20(2)). In such cases, where the contract is terminated, the lessee shall pay the fees for early termination and losses calculated by 110% of the outstanding principal and outstanding principal and compensate for losses during the lease period (Article 22(2)), and where the lessee fails to pay the amount to the financial company, such as the lease fee, by the date of maturity payment, the lessee shall pay damages for delay calculated by multiplying the said amount by the rate of damages for delay by 25% per annum (Article 26(1))).
C. The Defendant closed his/her business on November 12, 2014, and the Plaintiff terminated the instant contract on December 3, 2014.
At the time of termination of the contract, the amount that the Defendant is liable to pay to the Plaintiff was calculated as KRW 38,50,000 (110% of the accrued principal 35,00,000), interest 151,027, overdue interest 217,426, overdue interest 217,426, and delay damages 3,127.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Gap.