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(영문) 서울중앙지방법원 2018.12.27 2018가단5143175
기타(금전)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 8,729,942 and KRW 8,573,362 from November 29, 2018.

Reasons

1. The recognition of the fact that the first lease contract dated August 20, 2014 was 25% per annum for delay damages of KRW 1,222,937 at the lease interest rate of 48 months during the lease period of 5,000,000.

A. On August 20, 2014 (1) and June 18, 2015 (2) (hereinafter “instant movable”) between the Plaintiff and the Defendant Company B (hereinafter “Defendant Company”), the Plaintiff entered into each of the following lease agreements with regard to the movable property listed in the separate sheet (hereinafter “instant movable property”) (hereinafter “each of the instant lease agreements”), and the Defendant C and D entered into joint and several guarantee agreements with the Plaintiff on the date of the said lease agreements with the Plaintiff as to the performance of the obligations owed by the Defendant Company or obligations related to the said lease agreements.

On June 18, 2015, KRW 110,00,000, KRW 110,000,000 per annum of 6.9% monthly lease interest rate of 48 months, KRW 2,429,337 delay damages per annum of 25% per annum of the lease interest rate of 48 months, whichever occurs to the defendant company, the defendant company shall lose the fixed-term interest, and the plaintiff may terminate this contract.

5. When a lessee fails to perform his/her obligations under this Agreement or any other contract entered into with the Plaintiff at the due date, or violates the provisions pertaining to important prohibited acts under this Agreement; 14. Where there are reasonable grounds that the lessee is unable to perform his/her obligations under this Agreement if he/she violates or fails to perform his/her obligations under this Agreement, his/her management is significantly worse, or it is difficult to maintain normal business activities, the lessee may take such measures as claim for restitution and disposal of the goods, regardless of whether the contract is terminated or not.

B. Each of the lease agreements of this case refers to the costs incurred by the Defendant Company in preserving the lease fee or stipulated loss, claims, and goods to the Plaintiff.

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