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(영문) 서울중앙지방법원 2015.09.10 2015가합10924
리스
Text

1. The defendant shall pay to the plaintiff the amount of KRW 355,515,543 and the amount of KRW 351,392,368 from March 3, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff entered into a lease agreement with the medical corporation, Hanba Medical Foundation (hereinafter “Baba Medical Foundation”), as follows, and the Hanba Medical Foundation established and used each leased object.

On June 5, 2013, 25% per annum of 48 months, such as FL1305017700 OR LAP on June 5, 2013, 312,456,000 won/7,133,600 won on July 18, 2013, FL13050 PB-AX2-4BA 48-25% per annum of 25% per annum of 37,393,000 won/853,50 won per annum.

B. In addition, on August 2, 2013, the Plaintiff paid KRW 200,000,000 to the seller designated by the Han Medical Foundation and the Han Medical Foundation, and concluded an installment financing agreement with the rate of KRW 6,248,90 per annum and 25% per annum for 36 months. Around that time, the Plaintiff paid KRW 200,000 to the seller at issue.

C. The Defendant jointly and severally guaranteed the obligations of the Han Medical Foundation under each of the above lease agreements and installment financing agreements.

However, the Han Medical Foundation did not pay the monthly rent and installment payments to the Plaintiff, and the Plaintiff terminated each lease agreement and installment financing agreement on the ground of this, and the amount of the debt as of March 2, 2015 is as follows.

The principal interest of KRW 208,834,387 on June 5, 2013, KRW 208,834,387 on the lease agreement of KRW 25,720,118 on July 18, 2013, KRW 116,837,863 on installment financing agreement of KRW 25,720,720,118 on July 18, 2013, KRW 123,123,175, KRW 351,961,038 on the aggregate of KRW 351,392,368, KRW 4,123,175, KRW 35,515,543 on the installment financing agreement of KRW 25,720,118.

E. Therefore, the defendant is a joint and several surety under the above lease agreement and installment financing agreement, and is called the plaintiff.

The obligation to pay damages for delay calculated by the rate of 25% per annum, which is the overdue interest rate from March 3, 2015 to the date of full payment, for the total amount of 355,515,543 won and the principal amount of 351,392,368 won among them, from March 3, 2015 to the date of full payment.

2. Judgment made by the recommendation of confession under applicable provisions (Article 208 (3) 2 of the Civil Procedure Act).

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