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(영문) 서울중앙지방법원 2017.01.11 2016가합548723
리스료 등 청구의 소
Text

1. The Plaintiff:

A. The manager B of the debtor A, a lawsuit taking over the defendant A, shall be listed in the attached list.

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) determined and leased from the Plaintiff the items listed in the separate sheet owned by the Plaintiff (hereinafter “leased”) as follows, and Defendant B jointly and severally guaranteed each lease obligation to the Plaintiff.

On December 10, 2015, the first lease contract (2011 formula) acquisition cost of 62,50,000,000 per annum 5.9% per annum 25% per annum per annum of 36 months lease interest rate of 1,580,290 per annum 25% per annum of 25% per annum of 25% per annum of 1,580,290 delayed delay interest rate of 36 months of lease, 88,000,000 per annum 36 months of lease interest rate of 5.9% per annum of 2,449,097, 297, 2005, 206, 2016, 205, 206, 206, 36.5% per annum of 36 months of lease interest rate of 36 months of lease, 206, 16.5% per annum of 206, 2016.

(b) Article 29 Subparag. 11 of each lease agreement provides for "where an application is filed for the commencement of bankruptcy, commencement of composition or company reorganization procedures" as the grounds for termination of the contract.

C. On August 5, 2016, A filed an application for commencement of rehabilitation procedures with the Seoul Central District Court 2016 Ma100195, but withdrawn the application on August 12, 2016. On August 22, 2016, Suwon District Court 2016 Ma1036 again filed an application for rehabilitation procedures.

On September 6, 2016, Suwon District Court commenced the rehabilitation procedure against A and decided to consider A’s representative director B as A’s manager.

On August 10, 2016, the Plaintiff sent to A a content-certified mail to the effect that each lease agreement is terminated, and the above content-certified mail reached A around that time.

E. The Plaintiff’s claim amount under each lease agreement is KRW 274,962,151 as of August 8, 2016.

(The detailed statements are as shown in the Schedule). [The reasons for recognition] . [The fact that there is no dispute, Gap evidence 3 through 6, 8, 9 (including each number), Eul evidence 1, and the purport of the whole pleadings.

2. Defendant A. We decide on this safety defense.

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