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(영문) 대전지방법원서산지원 2020.02.06 2019가합50115
리스채무금
Text

1. The defendant, within the scope of the property inherited from the deceased C, shall not exceed 379,364,279 won and 363,503.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with the network C (hereinafter “the network”) with the company operating the comprehensive credit financial business.

Attachment 12 Loan Number D E on June 24, 2016, April 13, 2017, 2017, the rent of KRW 169,500,000 on monthly rent of KRW 3,007,800,000, monthly rent of KRW 2,885,600 on the lease of KRW 3,007,000 on April 13, 2017, 24% of the overdue interest rate of KRW 24% per 36 months during the lease period of KRW 60 months.

B. In accordance with the above lease agreement, the Deceased lost the benefit of time by failing to pay the lease fee after receiving the said leased article, and on July 19, 2018, the Plaintiff notified the Deceased of the termination of the said lease agreement as of July 23, 2018.

C. As of January 28, 2019, the principal and interest, etc. of the lease fees unpaid by the Deceased are as follows.

Serial 12 Lease Fee 2,231,593 won 2,140,929 won in arrears 37,192,86 won in arrears 34,627,200 won in delay 4,462,79 won in delay 4,083, 156 earlier termination fee 4,704,50 won in delay 130,494,651 won in total 156,816,672 won in 176,91,822 won in delay 202,372,457 won in delay.

D. Meanwhile, the deceased died on January 18, 2018, and the deceased’s heir was the Defendant, I, and J, the spouse of H and his/her spouse, but among them, H, I, and J reported the renunciation of inheritance on May 28, 2018 as Seosan Branch of the Daejeon Family Court 2018 D, Seosan Branch 123, and the said report was accepted on May 28, 2018. The Defendant reported the renunciation of inheritance under the same court 2018-Ma149, and the said report was accepted on July 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 9, Eul evidence 1 and 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant: (a) KRW 379,364,279 to the Plaintiff within the scope of the property inherited from the Deceased (i.e., the principal and interest of the lease fees unpaid under the No. 1 lease contract; (b) damages for delay; and (c) the amount of interest and interest on the lease fees unpaid under the lease contract No. 176,91,822; (c) damages for delay; and (d) the amount of interest and interest on the lease fees unpaid under the lease

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