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1. As to KRW 107,150,708 and KRW 61,847,634 among the Plaintiff, the Defendant shall annually pay to the Plaintiff the amount of KRW 107,847,634 from December 13, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On April 22, 2013, the Defendant: (a) concluded a lease agreement with C Co., Ltd. (hereinafter “C”); (b) concluded on April 22, 2013 with the acquisition cost of KRW 204,940,00; (c) the lease period of KRW 48 months; and (d) delay damages at 24% per annum; (c) the same year.
6. On 17. 17. As to one of the machine learning center, each of the lease agreements with the acquisition cost of KRW 138,380,00, lease period of KRW 48 months, and delay damages rate of KRW 24% per annum was concluded (hereinafter “instant lease agreement”).
B. The instant lease contract was terminated due to the Defendant’s delinquency in paying the lease fee, and C sold the leased article totaling KRW 113,000,000 on June 10, 2015.
C. On August 24, 2018, C transferred claims under the instant lease agreement to the Plaintiff, and notified the Defendant of the assignment of claims on October 19 of the same year, and on July 17, 2018, the amount of claims under the instant lease agreement as of July 17, 2018 are as follows.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee, the total outstanding principal of KRW 107,150,708, and the principal of KRW 61,847,634 from the final interest calculation date, barring special circumstances, to the Plaintiff at the rate of 15% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from December 13, 2018 to May 31, 2019, which is the day following the date of service of the instant payment order sought by the Plaintiff.
(A) The Defendant’s assertion on June 1, 2019 is without merit, which exceeds the rate of 12% per annum from June 1, 2019. 3. However, the Defendant asserts that C’s recovery of leased property and the settlement of accounts under the instant lease agreement was completed.