logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.23 2016가단86808
리스금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 66,617,496 and KRW 61,243,173 from July 12, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and 2 and all the arguments.

On December 4, 2013, the Plaintiff entered into a lease agreement with C and LED lighting, which set the lease term of 36 months, monthly rent of 8,954,358 won, annual interest rate of 7%, annual interest rate of 25%, annual interest rate of 25%, and the Defendants provided joint and several surety within the scope of 348,00,000 won with debt of C under the above lease agreement on the same day.

(B) The foregoing lease agreement is “the instant lease agreement” and the said guarantee agreement is “the instant guarantee agreement” (hereinafter “the instant lease agreement”).

Upon application for bankruptcy, rehabilitation, or individual rehabilitation with respect to C in the instant lease agreement, the Plaintiff and C, a stock company, shall lose the benefit of time, and the Plaintiff may terminate the lease agreement (Article 20(1)3 of the lease agreement). In this case, C, a stock company, to pay to the Plaintiff the amount equivalent to 10% of the unpaid principal, the unpaid principal, the overdue lease fee, the substitute payment, and the delay damages (Article 22(1) of the lease agreement).

C. On May 2, 2016, with respect to C, an application for rehabilitation procedures was filed by the Incheon District Court 2016 Gohap10, and the Plaintiff terminated the instant lease agreement around July 11, 2016.

As of July 11, 2016, the outstanding principal under the instant lease agreement is KRW 43,98,810 for the outstanding principal, KRW 17,244,363 for the overdue principal, KRW 664,353 for the interest in arrears, KRW 310,089 for the overdue principal and interest in arrears.

2. Comprehensively taking account of the allegations and the above facts acknowledged, C Company lost its interest on May 2, 2016 upon application for rehabilitation procedures. Since the instant lease agreement was terminated on July 11, 2016, C Company shall pay the Plaintiff the amount equivalent to 10% of the recovered principal, the unpaid principal, the overdue lease fee, the substitute payment, and the delay damages, as stipulated in the foregoing lease agreement. The Defendants shall be subject to the instant lease agreement.

arrow