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1. The defendant shall pay to the plaintiff the amount of KRW 106,434,317 and KRW 99,307,095 among them, from April 6, 2013 to the day of full payment.
Reasons
1. Facts of recognition;
A. On June 2, 2011, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “the instant lease agreement”) with each of the terms of 36 months from June 3, 2011 to June 2, 2014, lease fees of 3,923,700 won, contract deposit of 12,090,000 won, delay damages of 24% per annum, and 105% (102% of the outstanding principal at the time of temporary default by a customer) of the total amount of loss (hereinafter “the instant lease agreement”).
The following are applicable to the termination of the instant lease agreement.
(‘A’ refers to the Defendant, “B”, and “B, respectively). In the event that any of the terms and conditions of the termination of the contract pursuant to Article 20(b) occurs to Party A, “B” shall notify Party A of the correction of the violation for a reasonable period and if Party A fails to correct the violation within that period, Party A may lose the benefit of time and Party B may terminate this contract.
Provided, That this contract may be terminated without a peremptory notice, if it is impossible to correct due to the nature of the matter.
(1) Where it is delayed for at least one month from the date on which it is required to pay sirens.
B. As the Defendant did not pay the Plaintiff rent from February 2, 2012, the Plaintiff urged the Defendant to pay the unpaid rent on May 14, 2012.
However, the overdue rent was continued until November 2012, and the Plaintiff and the Defendant agreed to terminate the instant lease agreement on December 11, 2012.
The Plaintiff received the instant inspector from the Defendant around that time, and sold the instant inspector to B on April 5, 2013 at KRW 5,445,500.
C. At the time of termination of the instant lease contract, the Defendant’s repayment amounting to the Plaintiff was KRW 43,092,481 in total, KRW 68,378,831 in total, and KRW 105% in total, KRW 6,216,257 in total, and KRW 4,567,974 in total, and KRW 68,378,831 in total, at the time of termination of the instant lease contract. The Plaintiff was at the time of the instant lease agreement.