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(영문) 서울남부지방법원 2020.04.23 2020가단205138
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 37,493,99 and the interest rate of KRW 24% per annum from December 6, 2019 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. 1) On December 27, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the amount of KRW 185,429,530, monthly rent of KRW 3,226,190, annual rate of KRW 9.82583, annual interest rate of delay, annual interest rate of KRW 24, annual interest rate of delay, and KRW 110,00,00 of the principal amount not recovered (hereinafter “instant lease agreement”).

(2) However, the Defendant did not pay the rent under the instant lease agreement, and the Plaintiff lost its interest under Article 8 of the Framework Agreement on Credit Transactions and Article 20 of the Oralto Lease Terms and Conditions, so the Plaintiff claimed for the termination of the instant lease agreement and the payment of the remaining principal and statutory damages, but the Defendant did not comply therewith.

3) As of December 5, 2019 following the Plaintiff’s early termination, the Defendant, as of December 5, 2019, had a duty to pay the Plaintiff the overdue lease fee of KRW 21,473,568, and damages of KRW 16,020,431 under the instant lease agreement. [Grounds for recognition] No. 1 of the Plaintiff (the Defendant asserted that the Defendant’s seal on the part of the Defendant’s name was stolen among the evidence No. 1 of the instant lease, but it is rejected as there is no evidence

each entry of evidence of subparagraphs 2 through 6, the purport of the whole pleadings, and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff KRW 37,493,99 (=21,473,568 Won 16,020,431) and damages for delay calculated at the rate of 24% per annum from December 6, 2019 to the date of full payment.

2. Conclusion, the plaintiff's claim is justified and acceptable.

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