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(영문) 서울중앙지방법원 2015.10.30 2015가합5632
리스료등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 464,277,054 and KRW 451,129,802 from October 18, 2014.

Reasons

1. Indication of claim;

A. On March 31, 2014, the Plaintiff delivered the said movable property to Defendant A Co., Ltd. (hereinafter “Defendant A”) at the lease rate of 36 months, acquisition cost of KRW 510,00,00, lease fee of KRW 14,299,140 per one time, KRW 149,140 per lease fee of KRW 14,957,250 per 25% per annum for delayed payment of lease fee of KRW 14,957,250 per 36, and KRW 25% per annum for late payment of lease fee of KRW 14,960, and Defendant B provided a joint and several surety obligation of Defendant A under the said lease contract on the same day.

B. Since then, Defendant A lost the benefit of time to the Plaintiff due to Defendant A’s failure to pay the lease fee under the above lease agreement, and the Plaintiff terminated the said lease agreement on the ground that Defendant A did not pay the lease fee.

C. As of October 17, 2014, Defendant A’s total amount of the principal and interest of lease fees under the above lease agreement against the Plaintiff is as follows.

Unit: 451,129,802 52,54,948 218,355-40,000,00-51,051,051 464,277,054

D. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the sum totaling KRW 464,277,054 as well as the principal amounting to KRW 451,129,802, as well as damages for delay calculated by the rate of 25% per annum, which is the overdue interest rate stipulated in the above lease agreement, from October 18, 2014 to the date of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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