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(영문) 서울중앙지방법원 2016.01.22 2014가합53795
동산인도등
Text

1. The Defendant shall pay to the Plaintiff KRW 136,573,778 as well as 25% per annum from August 1, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. 1) On March 4, 2013, the Plaintiff entered into a lease agreement with the Defendant on 36 months of the lease term, 80,000,000 won of the total acquisition price, 16,000,000 won of the contract deposit, 2,069,467 won per month (1st, 2,308,554 won, 36th, 2,012,91 won), 7% per annum of the lease interest rate, 25% per annum of the lease interest rate (hereinafter “instant first lease agreement”).

(2) On March 20, 2013, the Defendant paid 16,000,000 won to the Plaintiff. (2) The Plaintiff concluded a lease agreement with the Defendant on March 20, 2013 with respect to the 4,5 items listed in the attached list supplied by the Defendant and C, which is supplied by the Plaintiff, with the Plaintiff, with the total acquisition cost of KRW 39 months, the total acquisition cost of KRW 125,00,000, the contract bond of KRW 25,000,00, the lease cost of KRW 1-3,750, the lease cost of KRW 718,750, the amount of KRW 4-39, the 3,226,889, the lease interest rate of KRW 6.9% per annum, and the delay interest rate of KRW 25% per annum to the Plaintiff (hereinafter “instant second lease agreement”). The Defendant paid the said contract deposit to the Plaintiff.

Lease Company (A): The Plaintiff Lessee (B): Defendant 9

1. If Eul delays the payment of lease fees or stipulated losses, or the performance of obligations under this contract, it shall pay Gap damages for delay in accordance with the interest rate specified in the detailed statement for the delayed period; and

Article 17. Contract bond

1. Eul shall pay the contract bond, as a performance bond under each of the provisions of this Agreement, stated in the specification table, to Gap in cash at the time of conclusion of this Agreement, and Gap shall not pay interest on the contract bond;

3.In the event of any cause or event set forth in Section 20 of this Agreement, A may appropriate the contract deposit for the repayment of all or part of the current or future debts to the overdue lease charge and to Eul.

Where any of the provisions of Article 20 of the following subparagraphs occurs to B, A shall notify him/her of the correction of the violation within a reasonable period, and the period shall be determined.

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