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(영문) 수원지방법원안양지원 2015.05.21 2014가합3721
규정손해금 등
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 68,714,01 and KRW 66,526,142 among them, from June 12, 2014.

Reasons

In fact, Defendant A recognized the judgment on the claim against Defendant A and B, upon introducing the Plaintiff from G, the actual operator of the F Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) among the fact that Defendant A discovered the purchase of camping cars for the operation of the camping site, Defendant A concluded a siren agreement with the content that the Plaintiff purchased the camping car produced by the Nonparty Co., Ltd. and leased it to Defendant A.

On May 11, 2012, the Plaintiff entered into a siren agreement with Defendant A with regard to corporeal movables listed in the separate sheet (hereinafter “instant camping car”) from May 15, 2012 to May 14, 2015, and with regard to the place of installation, the place of installation is KRW 23,760,000, the place of installation is KRW 3,243,240 (including value-added tax) each month from Defendant A’s I Bank account to the 15th of each month, and Defendant B established the instant camping agreement before entering into the instant siren agreement.

On May 11, 2012, which was the date of the conclusion of the instant siren contract, Nonparty Company and Defendant A paid KRW 23,760,000 to the Non-Party Company as Defendant A paid KRW 118,80,000 (including value added tax) of the acquisition cost of the instant camping 118,80,000 to the Non-Party Company, the Non-Party Company and Defendant A prepared a letter of commitment (Evidence A) stating that the said advance amount shall be replaced with deposit money under the instant siren contract and deposit only the remainder of KRW 95,040,00 with the Non-Party Company. The Plaintiff paid KRW 95,040,000 to the Non-Party Company on May 15, 2012.

According to the instant siren contract, in a case where Defendant A delayed the payment of sirens at least once, and the Plaintiff notified the payment of sirens for a fixed period of not less than 14 days, but did not pay sirens by the expiration of that period, the Plaintiff terminated the sirens contract and the Defendant.

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