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(영문) 서울중앙지방법원 2018.11.29 2018가단5146716
사용료
Text

1. The defendant shall pay to the plaintiff KRW 52,378,155 as well as KRW 52,184,757 as per annum from March 8, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 22, 2016, the Plaintiff entered into a facility lease agreement (hereinafter “the instant lease agreement”) with the Defendant regarding “SS-007” (the name, carbon power equipment, and hereinafter “instant lease”) with the following terms and conditions (hereinafter “instant lease agreement”).

The acquisition cost: 13.2 million won: Lease fee for 36 months from the date of issuance of the certificate of receipt of the article: The amount of damages for the provision of the Busan Shipping Daegu C: The unpaid principal x 102% compensation rate: 9.9% per annum (25% per annum in the certificate of evidence No. 1, but the plaintiff is the person who is the plaintiff) of the lease contract of this case. Article 21(1)5 of the basic terms and conditions of the lease contract of this case provide that "when the defendant transfers the leased article to a third party as security or has the third party use or make profits from the article, the plaintiff may cancel this contract by losing the benefit of time without notice to the defendant." Article 21(3) of the basic terms and conditions of the lease contract of this case provide that "if the contract is terminated, the defendant shall return the article to the Gap without delay and at the same time return the provision of damages and damages, etc."

B. On the same day, the Plaintiff received the certificate of receipt (Evidence No. 6) from the Defendant that the Plaintiff installed the instant leased article in Busan Shipping Daegu C, and received the instant leased article from the Defendant.

C. Thereafter, on March 7, 2018, the Plaintiff discovered that the instant leased object does not have the place of installation, and notified the Defendant of the fact that “Inasmuch as the interest under the terms and conditions was lost pursuant to Article 21(1)5 of the Framework Agreement on Lease, the Plaintiff would immediately repay the total amount of the remaining debt.”

As of March 7, 2018, the overdue lease fee under the instant lease agreement is KRW 4,185,447, the statutory damages is KRW 47,99,310, and the overdue damages are KRW 193,398.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 3, 6, 7, and 8, and the purport of the whole pleadings

2. Determination:

A. The above facts of recognition.

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