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(영문) 서울중앙지방법원 2016.05.04 2015가단5373999
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 101,980,254 and KRW 81,574,281 among them, 15% per annum from March 4, 2016 to the date of full payment.

Reasons

1. On June 13, 2012, non-SPP Co., Ltd. entered into a contract for facility leasing (lease), the acquisition cost of which is KRW 120 million, the period of which is 36 months, the lease fee of KRW 3,254,419, the interest rate of which is 7.8% per annum, and the overdue interest rate of which is 24% per annum, and the defendant stand joint and several surety of KRW 100 million (based on the principal principal) out of the debt of SMP.

b. The EST has lost the benefit of the due date due to the default of the lease fee, and the remainder of the debt is the principal of KRW 81,574,281; interest and delay damages; KRW 20,405,973; non-SPath Capital Co., Ltd., on August 27, 2014, transferred the above claim to the Plaintiff; and notified the Defendant of the assignment of the claim.

2. A judgment by public notice (Article 208(3)3 of the Civil Procedure Act). 3. Following the amendment of the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Partial Dismissals, the statutory interest rate from October 1, 2015 is 15% per annum, and the part of the claim that exceeds the scope is dismissed.

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