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(영문) 서울중앙지방법원 2018.12.13 2018가단36081
리스료 청구의 소
Text

1. The Defendant’s interest rate of KRW 40,079,910 and KRW 38,125,390 in duplicate to the Plaintiff shall be from May 29, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 17, 2016, the Plaintiff entered into a lease agreement with the Defendant with the following terms and conditions (hereinafter “instant lease agreement”).

(1) Lease property: (2) The place of installation where the property is installed by gladdy (hereinafter referred to as the “property of this case”):

B. According to Articles 30(2) and 31 of the lease agreement of this case, when the defendant delays the payment of rent for more than one month, the defendant shall lose the benefit of time. The plaintiff may terminate the lease agreement of this case by giving a peremptory notice to the defendant for a fixed period of at least ten days.

C. On February 19, 2016, the Plaintiff established the instant lease object D of the Busan metropolitan Cbuilding, and the Defendant respondeded to the Plaintiff’s contract confirmation call “N” to the effect that the instant lease object was normally installed at the Defendant’s workplace.

From February 18, 2018, the Defendant lost the benefit of the time due to the delayed payment of the lease fee. The Plaintiff, around May 8, 2018, notified and notified the Defendant of the scheduled termination of the contract due to the delayed payment of the lease fee, but the Defendant did not pay the lease fee.

E. The Defendant’s details of arrears under the instant lease agreement are KRW 38,125,390 as of May 28, 2018, the sum of the principal amount of KRW 38,125,390, interest of KRW 829,210, interest of KRW 324,480, fee for delay, and KRW 80,830,000.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7, and the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 40,079,910, and double principal of KRW 38,125,390 with delay interest rate of KRW 25% per annum from May 29, 2018 to the date of full payment.

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