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(영문) 서울중앙지방법원 2017.05.17 2017가단2968
리스료
Text

1. The defendant shall pay to the plaintiff the amount of KRW 123,14,489 and the amount of KRW 117,860,173 from August 25, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On July 9, 2014, the Plaintiff (formerly, Korea CTR Capital Co., Ltd.) concluded a lease agreement with the Defendant and the Raber cutting machine (LASERCUT M/C, model name FS-3015, annual formula, September 2010) by setting the acquisition cost of KRW 180,000,000,000 for the lease period of three years, monthly rent of KRW 5,541,432, and delayed payment rate of KRW 24% per annum.

B. From November 2015, the Defendant began to delay the obligation to pay rent, and the obligation to pay the principal and interest, etc. under the foregoing lease agreement is the principal and interest KRW 117,860,173 as of August 24, 2016, the provisional payment amount of KRW 276,70 as of August 24, 2016, and the overdue interest of KRW 5,254,316, total of KRW 123,114,489.

C. On June 17, 2016, the Plaintiff terminated the above lease agreement on the grounds of nonperformance of the obligation to pay rent, and thus, notified the Defendant of the repayment of the total amount of KRW 117,583,473 up to the time.

2. The assertion and judgment

A. The Plaintiff asserts that the contract of this case is terminated, and sought the payment of principal and interest as of August 24, 2016.

In regard to this, the defendant listens to the lawsuit that the plaintiff will be placed in the repayment of taxes on December 2015, and when the plaintiff's request for deposit from those who cannot confirm the identity of B, etc., the payment of rent was suspended, and ② the above lease contract still remains effective as the plaintiff's unilateral notification of termination on June 17, 2016 is null and void, and thus, the above lease contract is expected to perform the obligation to pay monthly rent through a smooth adjustment. Thus, the plaintiff's claim cannot be accepted.

B. In addition to the absence of any evidence to acknowledge the Defendant’s assertion No. 1, and even if the Plaintiff was in a crisis, such circumstance alone is insufficient to exempt the Defendant from liability for failure to perform the obligation to pay rent.

(2) In addition, in full view of the purport of the entire pleadings as to the Defendant’s assertion, the above lease agreement provides for a reasonable period not exceeding 30 days for the Plaintiff.

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