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(영문) 서울중앙지방법원 2017.11.15 2017가단7819
리스채무금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 185,240,978 and KRW 156,181,006 among them, from June 28, 2017.

Reasons

Basic Facts

On July 10, 2015, the Plaintiff was a specialized credit financial company that carries out facility leasing business, etc., and the Defendant Company A (hereinafter “Defendant Company”) agreed to enter into a lease agreement with the Defendant Company on July 10, 2015, purchasing at KRW 239,000,00 the Plaintiff purchased at KRW 4 of the Plaintiff’s purchase of the Plaintiff’s purchase of KRW 239,000 of the Plaintiff’s purchase of KRW 4 of the Plaintiff’s purchase of KRW 5,285,50 of the monthly rent as KRW 5,285,50.

(hereinafter “The instant lease agreement”). The ownership of the instant lease property belongs to the Plaintiff, and the Plaintiff may lose the benefit of time and terminate the instant lease agreement if the Defendant fails to perform his/her obligation to pay monthly rent.

Lease deposit shall be KRW 23,900,000, which shall be 10% of the acquisition cost, and the rate of overdue interest shall be 25% per annum.

The defendant company shall provide the press machine owned by it as security for transfer.

Where the Defendant Company delayed the payment of the lease fees and the termination of the lease contract in this case, the Defendant Company shall pay the Plaintiff the stipulated loss amount calculated by adding the progress interest, etc. to the unclaimed principal (hereinafter “the amount of the lease bond”). The Plaintiff may recover the lease property and the property transferred for security and dispose of them by means of public sale, etc. to cover the repayment of the obligation of the amount of the lease bond.

Defendant B as the representative director of the Defendant Company, jointly and severally guaranteed all of the obligations of the Defendant Company to the Plaintiff based on the instant lease agreement.

The Defendant Company delayed the payment of monthly rent from July 5, 2016, and the Plaintiff terminated the instant lease agreement on the grounds of the termination on August 22, 2016, and on September 30, 2016, the Plaintiff incurred the amount of lease claim amounting to KRW 208,240,978 as of September 30, 2016.

The Plaintiff disposed of the instant leased property and the transferred property for security recovered from the Defendant Company through public sale from April 28, 2017 to June 27, 2017, and KRW 23,000,000.

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