(영문) 서울중앙지방법원 2014.10.23 2014가단114631

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(영문) 서울중앙지방법원 2014.10.23 2014가단114631

리스채권 등

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1. The defendant shall be the plaintiff.

(a) gold 43,44,080 won and gold 38,049,405 won among them shall be from May 21, 2014.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5:

On July 16, 2012, the Plaintiff entered into a lease agreement with the Defendant and each movable property listed in the separate sheet (hereinafter “the instant lease”) with respect to which KRW 48 months, KRW 180 million, KRW 100 million, KRW 3572,411 per month, and delivered the instant lease agreement at the location designated by the Defendant.

B. According to the instant lease agreement, if the Defendant delayed the payment of rent or stipulated loss, or the performance of obligations under any other lease agreement, the Defendant shall pay damages for delay at the rate of 25% per annum to the Plaintiff at the rate of 25% per annum for the delayed period. The Plaintiff may terminate the instant lease agreement.

C. After that, the Defendant delayed the payment of the lease fee to the Plaintiff, and accordingly, on October 24, 2013, the Plaintiff notified the Plaintiff of the termination of the instant lease agreement and notified the Plaintiff of the return of the instant leased object.

As of May 20, 2014, the lease fees, etc. that the Defendant delayed payment to the Plaintiff were the sum of KRW 38,049,405 and interest KRW 5,394,675 and interest KRW 43,44,080, and the Defendant did not return the lease article to the Plaintiff.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the lease fee of KRW 43,44,080 and the principal amount of KRW 38,049,40, and damages for delay at the rate of 25% per annum, which is the rate of delayed damages from May 21, 2014 to the full payment date, and to deliver the lease article of this case.

3. In conclusion, the plaintiff's respective claims of this case are reasonable, and all of them are accepted. It is so decided as per Disposition.

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