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(영문) 서울중앙지방법원 2014.03.20 2013가합32548
규정손실금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 300,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On April 17, 2007, the Plaintiff acquired a medical device equivalent to KRW 2 billion and supplied it to the above Defendant, and the above Defendant concluded a facility lease agreement with the said Defendant to pay the Plaintiff the rent monthly amounting to 48 months. The above Defendant signed and sealed the lease receipt on the same day.

B. The applicable interest rate under the above contract was 7% per annum, overdue interest rate was 24% per annum, and the main contents of the contract termination and the stipulated loss amount under the basic terms and conditions incorporated under the above contract are as follows:

Article 24 [Loss of Benefit of Time and Termination of Contract] (2) In a case where a cause falling under any of the following subparagraphs occurs to Eul (Lessee, the above defendant), Gap (facility leasing company, the plaintiff) may demand of Eul to correct the violation for a fixed period of not less than 14 days, and if Eul fails to comply with it within the fixed period, it shall lose the benefit of time and make a prompt repayment of the remaining obligation, or terminate this contract:

3. When he delays the payment of the lease fee prescribed in this contract even once. (3) In the event that this contract is terminated, B shall, without delay, return the goods to A pursuant to Article 22(1) and simultaneously pay the amount falling under any of the following subparagraphs:

1. Where this contract has been terminated after the issuance of a certificate of receipt of goods, Article 25 [Article 25] (1) The amount of losses shall be the sum of the interest on the unclaimed principal as of the date of the termination of this contract plus the amount equivalent to 10% of the unclaimed principal from the due date of lease fees immediately before the termination of this contract to the due date of termination.

(C) If the lease fee is overdue on the date of termination, or the expenses are paid by Gap for the preservation and exercise of claims and rights under this contract, the amount calculated by adding the overdue lease fee, overdue interest, and expenses for the payment to the amount calculated under the preceding paragraph shall be the stipulated loss amount, and (not later)

C. On the other hand, the above defendant's assent.

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