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(영문) 서울중앙지방법원 2015.01.15 2014가합54934
리스료
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 243,602,942 as well as KRW 242,169,836 as to the Plaintiff from September 1, 2014.

Reasons

1. On September 30, 2013, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), setting the lease term of KRW 36,00,000 as to the 5 livestock tools, 16 months, 350,000,000 as acquisition cost, and monthly lease fee of KRW 8,77,80 as a joint and several liability for the Defendant Company under the said lease agreement.

According to the above lease contract, if the defendant company delays the payment of the lease fee for at least 91 days, the rate of delay damages rate of 24% per annum shall apply.

The Defendant Company did not pay the lease fee, and the Plaintiff terminated the above lease agreement on May 30, 2014.

As of June 10, 2014, the Plaintiff’s damage under the above lease contract as of June 10, 2014 is KRW 243,602,942 (the amount of KRW 6,120,332, damages for delay of KRW 1,43,106, deposit amount of KRW 105,00,00).

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate from September 1, 2014 to the date of full payment, with respect to the above KRW 243,602,9,942 and KRW 242,169,836 (damage 6,120,332 of the previous principal damages) from September 1, 2014, which is the day after 91 days from the termination date.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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