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(영문) 서울중앙지방법원 2018.12.07 2015가단180208
리스료
Text

1. The Defendant jointly and severally with Nonparty B as to KRW 220,009,521 and KRW 191,511,634 among the Plaintiff and the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On May 22, 2014 and June 13, 2014, the Plaintiff, a lease company, entered into a lease agreement with B, which is an operator of Cwon (hereinafter “each of the lease agreements of this case”), as indicated in the following table (hereinafter “each of the lease agreements of this case”), and the Defendant (which is a joint proprietor of C’s family department) who is a joint proprietor of C, jointly and severally guaranteed the obligation of the Plaintiff under each of the above lease agreements with the Plaintiff on the same day.

(hereinafter referred to as "each of the joint and several sureties of this case"). E (2) A detailed list of leased articles is as shown in the attached Form.

(3) In each of the instant lease agreements, the phrase “attached Table (Terms of Contracts)” and Articles 8 and 19 of the said agreement shall be paid by B to the Plaintiff, and if B delays the performance of obligations under the lease agreement, delay damages shall be paid at a rate of 25% per annum as determined at the time of concluding the lease agreement for the period of delay.

(4) Article 21 (Termination of Contracts) of the instant lease agreement, such as the termination of a contract, provides that if B fails to fulfill the terms and conditions set forth in the lease agreement, in particular, if B neglects to pay the lease fees, etc., the contract shall be terminated and other related measures shall be taken.

B. On each bottom of each lease contract of this case, the receipt of the leased object stated as follows: “(i) dypool hypool hypool hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp h

C. After termination, the above B began to delay the rent from February 23, 2015, and the Plaintiff terminated each of the instant lease agreements as of May 6, 2015.

(1) The plaintiff is an auction among the above 51 lease goods.

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