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1. The Defendant shall pay to the Plaintiff KRW 162,96,937 and the interest rate of KRW 25% per annum from December 30, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On November 13, 2013, the Defendant reported the registration of business with the trade name “B” at the competent tax office.
B. As of November 15, 2013, with respect to the instant lease object (the title of the model: ZEUS-1350 V, 340,000,000 acquisition cost, and 340,000,000 won, and supplier C, the lease contract was prepared for the lease period of 48 months, the contract deposit of 119,00,000,000 won, monthly rent of 5,545,476 won, and the overdue interest rate of 25% per annum (hereinafter “the instant lease contract”). At the time, the Plaintiff’s business registration certificate, personal seal impression, certified copy of resident registration record card, and copy of passbook were submitted.
C. On November 20, 2013, the Plaintiff paid the remainder of KRW 221,00,000,000 to C representative D, the owner of the leased object, at KRW 340,000,000.
On the same day, a certificate of acceptance (No. 1-2) and a report of inspection of goods (No. 9) were prepared in the name of the defendant that the defendant acquired the leased goods in accordance with the instant lease agreement.
Plaintiff
On December 10, 2013, when a company employee confirmed the content of the instant lease agreement by posting a telephone to the Defendant, the Defendant confirmed that he/she himself/herself signed and sealed the contract in his/her own writing.
E. From September 2015, when the payment of rent under the instant lease agreement was delayed, the Plaintiff sent a written notification to the Defendant on January 25, 2016, stating that the Defendant’s delayed payment of rent for a long period of time, and that the termination of the instant lease agreement was sent to the Defendant around that time.
F. Meanwhile, as of December 29, 2015, the amount of unpaid principal under the instant lease agreement was KRW 234,789,366, the period was KRW 586,651, the amount was KRW 23,478,936, the amount of stipulated loss was KRW 281,96,937, the sum of KRW 23,141,984, and the amount of overdue lease was KRW 281,96,937. Here, if deposit was KRW 119,00,000, the amount would remain KRW 162,96,937.
[Ground of recognition] There is no dispute, and there are evidence Nos. 1 through 15.