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(영문) 서울중앙지방법원 2017.06.14 2016가합32501
리스금 등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 96,711,297 and KRW 95,533,487 among them, from January 12, 2017 to the day of full payment.

Reasons

1. On March 31, 2016, the date of recognition of the fact-finding contract: 810,00,000 lease fees of KRW 15,898,830 (one time-48 times) plus 48-month overdue interest rate of 25% per 48 months;

A. On March 31, 2016, the Plaintiff entered into a lease agreement with B Co., Ltd. (hereinafter “B”) with the following terms (hereinafter “instant lease agreement”); and the Defendant jointly and severally guaranteed the obligation that B owes to the Plaintiff pursuant to the instant lease agreement.

B. According to the lease contract of this case, B is limited to the right to possess and use the leased article of this case during the lease period, and in any case, the ownership and other rights to the leased article of this case shall not be transferred to B (Article 10), and if B is deemed to have delayed payment of lease fees on more than two consecutive occasions, or to have suspended payment due to business closure, escape or other reasons, the benefit of time shall be lost without delay and the contract shall be terminated (Article 20). In addition, B is obligated to pay to the Plaintiff the amount of compensation (hereinafter “instant compensation”).

(Article 21, 22, 25). (c)

On July 6, 2016, the Plaintiff sent to the Defendant, “B, as of July 4, 2016, suspended the operation of the workplace as of July 4, 2016, and all employees have retired. As such, based on Article 20 of the instant lease agreement, the Plaintiff terminated the instant lease agreement as of July 13, 2016, and recovered the instant lease property owned by the Plaintiff, and sought the payment of the instant compensation upon the termination of the said lease agreement against B and the Defendant, a joint guarantor.”

B The amount of damages of this case to be paid to the Plaintiff as of December 23, 2016 is KRW 745,533,487, and the Plaintiff is KRW 650,000,000 on December 23, 2016.

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