logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.28 2014나2012124
규정손실금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On April 17, 2007, the Plaintiff and Defendant E, who operated the H Hospital, purchased a medical device of KRW 2 billion with the acquisition cost and lent it to the said Defendant, and entered into a facility lease agreement (hereinafter “lease agreement”) with the said Defendant on the condition that the Plaintiff would be paid the lease fee prescribed by the 17th day of each month during the 48-month period from the date of issuance of the certificate of receipt of leased goods (hereinafter “instant lease agreement”). G, Defendant A, D, and B jointly and severally guaranteed all obligations owed to the Plaintiff by Defendant E in accordance with the instant lease agreement.

The interest rate applicable under the lease contract of this case is 7% per annum, overdue interest rate is 24% per annum, and the main contents of the contract termination, provision loss amount, and liquidated damages are as follows among the basic terms and conditions incorporated into the contract.

Article 24 【Loss of Benefit of Time and Termination of Contract】 (2) If a cause falling under any of the following subparagraphs occurs to B (Lessee), A shall notify B of the correction of such violation for a fixed period of at least 14 days, and if B fails to comply with it within such period, A may immediately request B to repay the remaining obligation by forfeiture of the benefit of time, or terminate this contract:

3. When he/she delays the payment of the lease fees prescribed in this contract even once. (3) In cases where this contract is terminated, B shall, without delay, return the goods to A pursuant to Article 22(1) and simultaneously pay the following amounts:

1. Where this contract has been terminated after the issuance of a certificate of receipt of goods, the amount of loss under Article 25 【The amount of loss under Article 25 】 (1) The amount of loss under the provision shall be the amount calculated by adding the interest equivalent to 10% of the unpaid principal and the unpaid principal from the due date of lease immediately before the termination of this contract to the due date of termination.

(C) The lease fee is overdue on the date of termination, or it is paid by Gap for the purpose of preserving and exercising the claims and rights under this contract.

arrow