(영문) 서울중앙지방법원 2016.02.04 2015가단191970

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(영문) 서울중앙지방법원 2016.02.04 2015가단191970

리스채권

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1. The defendant shall pay to the plaintiff the amount of KRW 116,814,541 and the amount of KRW 104,902,217 from June 2, 2015 to the date of full payment.

Reasons

1. On November 21, 2013, the date of concluding a lease contract, 25% per annum of 36 months, 5,094,800 won (payment on November 21, 201) in arrears in the monthly interest rate for the lease of the lease number, the name of the leased object, the date of concluding the lease contract, and 25% per annum with the Defendant on November 21, 2013.

Article 21 (Cancellation of Contract) (4) When any ground falling under any of the following subparagraphs has occurred to B, A may terminate this contract after demanding it to B to do so:

3. When he violates the duty to pay the lease fees, insurance premiums, etc. prescribed in this contract. 6 When this contract is terminated after the commencement of the lease period, B shall immediately suspend the use and profit-making of the goods and return the goods to A without delay pursuant to the provisions of Article 22 of this contract, and simultaneously pay A the stipulated loss pursuant to the provisions of Article 19

Article 25 (Compensation for Delay) (1) If B delays the performance of the obligation to be paid to A under this Agreement, or if A pays for expenses to B, B shall pay damages for delay due to overdue interests as described in the attached Table (9) from the date of delay or from the date of its payment.

(2) Matters concerning the payment of damages for delay shall not affect the exercise of Gap's right to terminate the contract under Article 21.

The relevant terms and conditions of the lease agreement are as follows:

On February 21, 2015, the Defendant, including the termination of the lease contract, delayed payment of the lease fee from around February 21, 2015, and on this ground, a duplicate of the application for the instant payment order was served on the Defendant on December 11, 2015.

As of June 1, 2015, the unpaid principal is KRW 104,902,217, and the total unpaid amount is KRW 116,814,541.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant’s KRW 116,814,541 and the unpaid principal among them shall be KRW 104,902,217.

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