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(영문) 서울중앙지방법원 2014.11.26 2014가합554311
기타(금전)
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 326,147,259 as well as KRW 236,018,759 as to the Plaintiff from June 10, 2014.

Reasons

1. Indication of claim;

A. On December 13, 2011, the Plaintiff entered into a lease agreement with Defendant A limited liability company (hereinafter “Defendant A”), setting the acquisition cost of machinery, such as machine learning center and CNC team as KRW 300,00,000, monthly rent of KRW 6,177,936, monthly rent of KRW 48, and overdue interest rate of KRW 25% per annum, and Defendant B, C, and D jointly and severally guaranteed Defendant A’s lease obligation.

B. As Defendant A delayed payment of rent, the Plaintiff terminated the above lease agreement on May 30, 2012, and on June 9, 2014, the Plaintiff’s claim unpaid under the above lease agreement as of June 9, 2014 was the principal amount of KRW 236,018,759, interest89,89,270, and expenses KRW 229,230,000, plus KRW 326,147,259.

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated by an agreement of 25% per annum from June 10, 2014 to the date of full payment, as to KRW 326,147,259 of the principal amount and KRW 236,018,759 of the principal amount.

2. Applicable legal provisions;

A. As to Defendant A, B, and C: Article 208(3)3 of the Civil Procedure Act (by public notice)

B. As to Defendant D: Article 208(3)2 of the Civil Procedure Act (see Supreme Court Decision 208(3)2)

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