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(영문) 서울중앙지방법원 2015.03.13 2014가합37564
리스료
Text

1. The defendant shall pay to the plaintiff the amount of KRW 463,823,457 and the amount of KRW 446,690,138 from July 11, 2014 to the date of full payment.

Reasons

1. On August 22, 2013, the monthly overdue interest rate of the lease on the date of the claim’s display contract, 5 facilities, including KV-35, and 6,971,100 won per annum 25% per annum on September 12, 2013, 36 months, including the Hyundai DNC Line E160A, and 5,769,370 won per annum 25% per annum;

A. The Plaintiff Company engaged in installment financing and facility leasing business entered into two lease agreements with the Defendant (in sequence, “the first and second lease agreements” and “the respective lease agreements of this case” in entirety) with the following terms:

B. Under each of the lease agreements of this case, 110% of the outstanding principal amount shall be the stipulated loss amount, and the defendant shall apply the overdue interest rate of 25% per annum if the defendant delays the payment of the stipulated loss amount.

C. Since December 15, 2013, the Defendant delayed the payment of each of the instant lease charges, and each of the instant lease agreements was lawfully terminated on May 15, 2014 by the Plaintiff’s notice of termination on the ground of such delay.

The sum of the deposit money for the provisions on overdue interest, overdue interest, overdue interest, 43, 87, 7332, 158, 197 249, 986, 884, 54, 400, 00 241, 622, 814 9,267, 724 267, 724 260, 7521, 796, 590 228,209, 982 60,000,000 205,067, 3247, 3247, 865, 595 aggregate 46,690,138,133, 319

D. Meanwhile, as of July 10, 2014, the principal of the obligation (i.e., the statutory loss amount for overdue interests - the deposit) and interest that the Defendant owes to the Plaintiff upon the termination of each of the instant lease agreements are as follows.

E. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay based on the overdue interest rate of 25% per annum as stipulated in each of the instant lease agreements from July 11, 2014 to the date of full payment, as to the Plaintiff’s total amount of the above principal amount (=46,690,138 won 17,133,319 won) and the principal amount of KRW 446,690,138, which is the day following the foregoing base date.

2. Each number of subparagraphs 1, 2, and 3 of Article 208 of the Civil Procedure Act (Article 208 (3) 3 of the Civil Procedure Act) for a judgment by public notice by applicable provisions of Acts;

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