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(영문) 서울중앙지방법원 2018.04.18 2017가단71797
장비임대료 등 청구의 소
Text

1. The Plaintiff:

A. As to KRW 45,939,520 among Defendant A and KRW 45,505,835 among them, Defendant A shall have jurisdiction over KRW 45,939,520 from August 8, 2017 to October 19, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in development and wholesale and retail business of sports equipment and software, etc., and on March 10, 2016, between Defendant A and Defendant A, who operated “G kindergarten,” the following terms and conditions are “the instant contract: (a) supply and lease equipment for the convergence of early childhood education institutions, such as electronic tamperings and server computers, to Defendant A.”

On the same day, F referred to as Defendant A has jointly and severally guaranteed the obligations of Defendant A to the Plaintiff on the same day. - Total amount of rent: KRW 81,829,440 (including value-added tax): monthly rent: KRW 2,273,040 (the corresponding day of the first day of the lease on the date of payment): 2,273,040 (the corresponding day of the first day of the lease on the date of payment): 36 months from the first day of the lease: 24% per annum: Ownership ownership reservation of leased equipment: ownership transfer to the lessee upon full completion of all the rent, delayed payment and other expenses, and completion of the implementation of other contractual matters: Disposition following the termination of the contract - Compensation for the entire amount of the supplied equipment recovered, remaining rent (the remainder of the rental fee for the future and late payment after deducting the rental fee for the due date) and compensation for the damages of the Plaintiff.

B. Accordingly, on March 29, 2016, the Plaintiff supplied and installed goods, etc., such as excluding 1 sturfyers, server computers, etc., among goods, etc. to be supplied to Defendant A pursuant to the instant contract.

Meanwhile, among the monthly rent 2,273,040 as agreed upon in the instant contract, the monthly rent of 1,28,370 won for the 1st century, which was not supplied by the Plaintiff, was 2,14,670 won (i.e., monthly rent of 2,273,040 won as agreed upon in the instant contract - monthly rent of 2,273,040 won for the sterilization generating machine, which was not provided by the Plaintiff).

C. Defendant A’s monthly rent to be paid by May 29, 2017 is KRW 2,136,575, out of the monthly rent to be paid.

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