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(영문) 울산지방법원 2017.01.25 2016나22707
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. When Article 5 (Lease Deposit) 3 (Defendant A) of the facts of the basis fails to pay the lease fee, or when this contract is cancelled, terminated or terminated during the lease period or the re-lease period, Party A (Plaintiff) may apply the lease contract deposit to cover all or part of the obligations to Party B without giving separate notice to Party B.

In such cases, the provisions of Article 31 shall apply mutatis mutandis to the order of appropriation for repayment.

Article 19 (Loss of Maturity and Termination of Contract) (2) In the event that the cause falling under any of the following subparagraphs occurs to B, A shall notify B of the correction of the violation, fixing a period of not less than 14 days, and if B fails to comply with it within that period, B may lose the benefit of time and terminate it:

1. The payment of the lease fees prescribed in Articles 1 and 4 shall be delayed once. (3) If this contract is terminated, the object of the condition table shall be immediately returned to A at the place designated by A, and B shall be paid the following amount:

1. Where this contract has been terminated after the issuance of a certificate of receipt of the article, (4) only if a Party A disposes of the article by returning the article to Party B, he/she may request Party A to appropriate the balance obtained by deducting the expenses related to the disposition from the proceeds from the disposal of the article in question to pay his/her liability under the preceding paragraph;

Article 20 (Amount of Damages) ① The amount of damages shall be the sum of interest on the unpaid principal from the immediately preceding lease payment date to the same calculation date, interest on the overdue lease charges as of the same calculation date, and all the expenses related to recovery of claims against B arising from the relevant provision damages calculated under Section B of the same Article, and the debt owed to B related to this contract and damages for delay.

(2) The amount of damages stipulated in the preceding paragraph shall be calculated on the date of calculating damages.

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