(영문) 서울중앙지방법원 2018.01.12 2017가합533452

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(영문) 서울중앙지방법원 2018.01.12 2017가합533452

리스료 등

Text

1. Defendant A:

(a) KRW 204,253,091 and interest rate of KRW 25% per annum from April 21, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts installment financing business, etc., and the Defendant A is the representative of the C Game Bank (hereinafter “instant Game Bank”) and the Defendant B is a person who operates the instant Game Bank together with the Defendant A.

B. On November 7, 2016, the Plaintiff and Defendant A entered into a facility lease agreement (hereinafter “lease agreement”) with the Plaintiff, Inc., D (hereinafter “D”) on the condition that the goods listed in paragraphs (1) through (6) of the attached Table No. 1 (hereinafter “instant leased object”) be purchased from Defendant A for KRW 227,930,00 (the Defendant A bears KRW 27,930,000), and the Defendant A shall pay the Plaintiff the lease fee of KRW 7,031,50 in 36 installments.

The contents of the instant lease agreement are as follows.

Article 9 (Disposition after Termination of Lease Period) (1) When the lease term expires, Defendant A must transfer the object of the lease of this case to the Plaintiff.

Article 20 (Loss of Maturity and Termination of Contract) (2) When a cause falling under any of the following subparagraphs occurs to a defendant A, the plaintiff shall notify the defendant A of the correction of the violation for a fixed period of not less than 14 days, and if the defendant A fails to comply with it within that period, the plaintiff may immediately claim the unpaid rental fee or terminate this contract by losing the benefit of time.

1. When the payment of the lease fee is delayed even once. (3) When the lease contract of this case is terminated, Defendant A shall, without delay, return the goods subject to the lease of this case to the Plaintiff and simultaneously pay the following amount:

1. Where the instant lease contract is terminated after the issuance of a certificate of receipt of the object, (4) Defendant A shall faithfully perform the duty to return the object under the preceding paragraph, and only in the case where the Plaintiff disposed of the object of the instant lease, Defendant A shall be subject to the preceding paragraph after deducting the expenses related to the disposal from the disposal price of the object of the instant lease.

유사 판례

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