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(영문) 서울중앙지방법원 2015.04.03 2014가합56497
리스금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 144,834,838 and the amount of KRW 136,346,838 from July 4, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On June 28, 2013, the Plaintiff and the Defendant concluded a lease agreement with the following contents, and the Defendant occupied and used the leased object from that time.

Leases: Lease costs of 267,90,00 won: 7,615,920 won (the first installment), 6,972,960 won (2: 36 months overdue interest rate: 25% where the defendant fails to perform his/her obligation under a lease contract, such as the payment of rent, etc., the plaintiff shall be notified of the performance for a reasonable period of time, and the contract may be terminated without any separate notice if the plaintiff fails to comply therewith.

When a contract is terminated, the defendant shall pay to the plaintiff at one time the amount of stipulated loss as stipulated in the lease contract, such as lease fees and overdue interests.

B. After the conclusion of the above contract, the Defendant continued to delay the payment of the lease fee, and the Plaintiff urged the Defendant to pay the lease fee in arrears on July 2013, and sent the content-certified mail on August 19, 2013, stating the declaration of intent to terminate the said lease contract, and the content-certified certificate reached the Defendant around that time.

C. Meanwhile, as of July 3, 2014, the total amount of rent that the Defendant is liable to pay to the Plaintiff is KRW 136,346,838, and the total amount of overdue interest is KRW 144,834,838.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay at the rate of 25% per annum from July 4, 2014 to the day of full payment, with respect to the above KRW 144,834,838 and the above KRW 136,346,838 among them.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

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