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(영문) 서울중앙지방법원 2017.05.11 2016가합32013
해지금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 209,48,156 and KRW 202,221,154 from April 2, 2016.

Reasons

1. Indication of claim;

A. On May 22, 2014, and April 10, 2015, Defendant A Co., Ltd. entered into an installment financing agreement with the Plaintiff, as listed below, and Defendant B jointly and severally guaranteed each of the said installment financing agreements on October 29, 2015.

(Registration Number) C (Construction Machinery D) (Construction Machinery D) Financial Application Amount 120,000,000 won 160,000,000 won contract term of 48 months and 48 months contract date, April 22, 2015, 12.9% per annum 25% per annum per annum 12.9% per annum per 25% per annum per annum on April 22, 2014

B. After delay of performance and termination of a contract, 193,639,537 won interest of KRW 193,639,537 (1) 209,50 won interest of KRW 3,283,645 won in advance of KRW 3,283,400 in advance of KRW 15,489 (2) interest of KRW 868,03 in advance of KRW 868,03 and interest of KRW 8,581,617 in advance of KRW 0 in unpaid principal interest of KRW 3,018,954 in late interest of KRW 112,104 in late interest of KRW 209,50 in advance (1) 209,503,645 won in advance of principal and interest of KRW 15,489,40 in advance, the Plaintiff agreed to pay the total amount of KRW 15,488,156 in late 208 in late 196.

C. The Defendants are jointly and severally obligated to pay to the Plaintiff the total termination amount of KRW 209,48,156 and the principal amount of KRW 202,221,154 ( = the principal amount of KRW 193,639,537 with unpaid principal amount of KRW 8,581,617) with interest calculated at the rate of 25% per annum from April 2, 2016 to the date of full payment.

2. Applicable provisions;

(a) Defendant A Co., Ltd.: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act

(b) Defendant B: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)

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