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(영문) 부산지방법원 2018.10.16 2018가단317474
사용료
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 23,529,384 and KRW 15,164,835 among them.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) a lease agreement was concluded between the Plaintiff and the Defendant Company A; (b) Defendant B jointly and severally guaranteed the obligation under the said lease agreement to the Plaintiff of the Defendant Company A; (c) the Defendant Company A began to delay the rent under the said lease agreement from August 1, 2016; and (d) the Plaintiff revoked the said lease agreement.

3) As of August 24, 2018, Defendant A Co., Ltd. is obligated to pay the principal of the lease fee to the Plaintiff as of August 24, 2018, KRW 15,164,835, and the late payment charge is KRW 8,364,549. B. According to the above facts, the Defendants jointly and severally liable to the Plaintiff for payment of the amount of KRW 23,529,384 and the principal amount of KRW 15,164,835, which is the agreed delay damages rate from August 24, 2018 to the day of full payment. [The Defendants are deposited KRW 7,50,00 with the lease deposit, and this part must be appropriated for the principal and interest.

However, the above deposit claimed by the Defendants is a different lease agreement with the Plaintiff (the acquisition cost of February 12, 2014 was KRW 48,200,000) rather than the instant lease agreement, and is irrelevant to the instant lease agreement.

A person shall be appointed.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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