(영문) 서울중앙지방법원 2013.08.20 2011가합135788

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(영문) 서울중앙지방법원 2013.08.20 2011가합135788

사해행위취소 등

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1. Defendant B shall pay to the Plaintiff KRW 357,347,088 and the interest rate of KRW 24% per annum from December 13, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a lease agreement and joint and several sureties 1) The Plaintiff is a non-party D Co., Ltd. (hereinafter “non-party D”).

B) As indicated in the table below, each of the instant lease agreements (hereinafter collectively referred to as “the instant lease agreement”) shall be deemed as follows: (a) on September 12, 2008, the rate of overdue interest of KRW 265,000 (the succession of the contract, July 6, 2010) monthly interest rate of KRW 265,335,100,000, KRW 24% per 24% per annum 25,000, May 13, 2010 for each of the instant lease agreements (hereinafter referred to as “the instant lease agreement”) of KRW 270,689,000, KRW 3635,000,00 per annum 20,000 per annum 24% per annum 270, KRW 680,000, KRW 3635,433,208, KRW 208,0630,000 per annum 360,30840.

2) The main contents of each of the instant lease agreements are as follows.

Article 6 (Lease Deposit) (3) When a non-party company falls under any of the subparagraphs of Article 22, the Plaintiff may appropriate the lease deposit for all or part of the current and future monetary liabilities to the Plaintiff of the non-party company.

Article 20 [Destruction or Damage of Things] (2) When an article is damaged, Eul shall, without delay, repair it in full or disrupt the same kind of article with the same performance as the article. In this case, this contract shall continue to exist without any change.

Provided, That where it is impossible to repair or exchange, the plaintiff may pay the damages under Article 24 to the non-party company and request the termination of the contract.

Article 22 [Loss of Maturity and Cancellation of Contract] (2) When a cause falling under any of the following subparagraphs occurs to the non-party company, the plaintiff shall notify the non-party company of the correction of the violation for a fixed period of not less than 14 days, and when the non-party company fails to comply with it within such period, the plaintiff may immediately request the non-party company to pay the remaining debt or terminate the

3. Lease fees stipulated in the contract.

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