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(영문) 서울중앙지방법원 2015.11.06 2015가합20624
렌탈료
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 258,993,701 and KRW 243,05,628 from July 10, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On April 3, 2013, the Plaintiff entered into a siren agreement (hereinafter “instant agreement”) with the Defendant, wherein the terms and conditions attached to the terms and conditions as follows are added, with regard to the heavy-of-industrial washing machines (including KRW 570,00,000 (including value added tax), the siren period of KRW 8,244,500 per month, the siren period of KRW 48 months, the deposit amount of KRW 285,00,000 per annum, and the overdue interest rate of KRW 24% per annum, and delivered the said automatic washing machines, etc. to the Defendant.

Article 12 (Loss of Maturity and Termination of Contract) (1) When a cause falling under any of the following subparagraphs occurs to A (Defendant), B (Plaintiff) shall notify A of the correction of the violation for a fixed period of not less than 14 days, and when A fails to comply with it within that period, A may lose the benefit of time and cancel this contract.

1. The payment of rental fees shall be delayed at the time of delay. (3) Where this contract is terminated, A shall without delay return water to B pursuant to paragraphs (1) through (3) of Article 13 and simultaneously pay the following amount:

1. Where this contract is terminated after a siren period begins, Article 14 (Amount of Damages) (1) of the amount of damages under Article 14 (Amount of Damages) (1) as of the date of termination of this contract shall be as follows:

1. Contract termination date of the contract - The rental fee for the late rental - the rental fee for the late rental = the number of days elapsed 】 the number of days elapsed 】 the siren (the monthly rental fee shall be converted by one day: Provided, That one month shall be converted by 30 days);

2. 10% of the remaining principal of the sirens in accordance with the sirens Care Service provided to A on the commencement date of sirens as of the calculation date of the amount of damages.

3.Article 15(1)(1) of the overdue interest calculated at the overdue interest rate (24% per annum) as specified in Table 9(1) of the overdue interest rate, when Party A delays the performance of the obligation to be paid to Party B under this Agreement, or when Party A makes a substitute payment for the expenses to be paid, Party A shall pay it during the delay period or from the date of its substitute payment.

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