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(영문) 서울중앙지방법원 2017.07.20 2017가합10010
약정금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 824,052,188 and KRW 680,292,413 from February 15, 2017 to the date of full payment.

Reasons

1. Indication of claim;

A. On July 17, 2014, the Plaintiff concluded a facility lease agreement with B as follows.

(Contract Number: C. Pending M/C supplier: The place where the importer is located: The lease deposit amount of KRW 897,00,000: 60 months (including the acquisition price of KRW 0.00%) in Ulsan-gun: the applicable lease interest rate of KRW 9.00 per annum: KRW 9.00 per annum: KRW 1-3 times, KRW 6,727,50, KRW 4-60, KRW 19,397,585 after the completion of the settlement: 10% of the fixed acquisition price: the overdue interest rate of KRW 25% per annum (Provided, That it is adjusted at the time of a change in the overdue interest rate of a financial institution) in the fixed acquisition price.

B. On March 11, 2016, the Plaintiff changed some of the above contracts with Company B as follows.

Credit interest rate: 9.84% monthly rent: 6,270,037 won, 15-60 times, 21,73,231 won, 12-14 times

C. Meanwhile, on July 17, 2014, the Defendant, the seller of the foregoing leased object, entered into an agreement with the Plaintiff to guarantee the payment of damages and repurchase the said leased object (hereinafter “instant agreement”) where the grounds for termination, etc. under the said lease agreement arise due to reasons attributable to the Plaintiff and the Plaintiff Company B.

Since then, the above contract was terminated because B did not perform its obligation under the above lease contract properly, thereby losing the benefit of time. On February 14, 2017, the Plaintiff has the following claims against B, a stock company:

The principal claimed in 657,714,712 1,459,586 22,577,7015,521,603 320,274 136,458, 3120, 824, 824, 052, 188: Principal of 657,714, 712 overdue interest = 22,57,701 = 680,413,413

E. Therefore, the defendant is obligated to pay the above amount in accordance with the agreement of this case.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

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