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(영문) 서울남부지방법원 2015.04.29 2014가단68512
리스료
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 64,754,353 as well as KRW 63,626,655 as to the Plaintiff’s KRW 63,655.

Reasons

1. Determination as to the cause of claim

A. The facts under the facts of recognition are either a dispute between the Plaintiff and the Defendant Company EF (hereinafter “Defendant Company”) or acknowledged by adding the whole purport of the pleadings to the entries of evidence A2 and evidence A3. The above Defendant is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant A.

(1) On April 8, 2013, the Plaintiff entered into a contract with the Defendant Company on the acquisition of B ASEAN (A62.0 TPP) motor vehicles for a period of 60 months and to use them in installments for the period of 60 months.

(2) At the time of the above contract, the Defendant Company agreed to pay the amount of damages equivalent to 110% of the unpaid principal and the overdue interest calculated at the rate of 24% per annum if the contract is terminated due to the Defendant Company’s failure to pay lease fees.

(3) Defendant A guaranteed the Plaintiff’s obligation under the above contract on the same day.

(4) Since October 2013, the Defendant Company did not pay rent under the above contract, and the said contract was terminated according to the Plaintiff’s declaration of intent. Accordingly, the amount of damages to be paid by the Defendant Company to the Plaintiff is KRW 63,626,655, and the overdue interest until December 8, 2013 is KRW 64,754,353.

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed interest calculated at the rate of 24% per annum from December 9, 2013 to the date of full payment, as to the sum of the above provision damages and the overdue interest of KRW 64,754,353, and 63,626,655, among them, to the Plaintiff.

2. Therefore, the Plaintiff’s claim against the Defendants is accepted.

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