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(영문) 대전지방법원 2016.10.13 2016가단9077
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 69,963,99, and KRW 25,730,826, as well as the full payment from December 1, 2015.

Reasons

1. Indication of claim;

A. On April 19, 2012, a lessee company, entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A (mutual name: C) and Boring machine (hereinafter “instant lease agreement”) (43 months, lease amounting to KRW 110 million, delayed interest rate of KRW 25% per annum), and Defendant B jointly and severally guaranteed the Defendant’s obligation under the said lease agreement.

B. From February 4, 2013, Defendant A delayed the payment of rent under the instant lease agreement, and around that time, the instant lease agreement was terminated. As of November 30, 2015, Defendant A’s obligation under the instant lease agreement was KRW 69,963,96 (= Principal KRW 25,730,826).

C. On December 17, 2015, filial Capital transferred to the Plaintiff all the claims of filial Capital under the instant lease agreement, and around that time, notified the Defendants of the assignment of the claims.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 69,963,96 as well as damages for delay calculated by the rate of 25% per annum from December 1, 2015 to the date of full payment of the principal amount of KRW 25,730,826.

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act of the judgment deemed to be a confession.

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