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(영문) 수원지방법원 2015.08.20 2014가합67105
리스채무금 청구의 소
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 177,91,535 and KRW 131,168,879 among them.

Reasons

On February 13, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A Co., Ltd. and the above Defendant to set the overdue interest rate of 24%, the agreed period of 48 months, monthly rent of 3,502,60 won, remaining value of 42,870,000 won (hereinafter “instant lease agreement”). If the above Defendant did not perform its obligation to pay the lease fee or insurance premium, etc. within a reasonable period of time, the Plaintiff notified the above Defendant to pay the lease fee or insurance premium, etc., and if the above Defendant did not pay the lease fee or insurance premium, etc. within the said period of time, the Plaintiff immediately terminated the instant lease agreement, and the said Defendant lost its interest, and the said Defendant agreed to pay the Plaintiff the amount of damages as prescribed by the provision of the agreement and the overdue interest in proportion to the agreed ratio.

In addition, at the time of entering into the instant lease agreement, Defendant B jointly and severally guaranteed the Defendant A’s debt incurred under the instant lease agreement.

As Defendant A did not pay rent, etc., the Plaintiff terminated the instant lease agreement. As of July 8, 2014, the provision damages incurred under the instant lease agreement was KRW 130,898,879, and the Defendant’s fine for negligence was KRW 270,000,000, and the overdue interest on the said provision damages and the fine for negligence was KRW 46,82,656.

Therefore, according to the instant lease agreement, the Defendants are jointly and severally and severally liable to the Plaintiff as the primary debtor and the joint surety, and jointly and severally liable to pay damages for delay calculated at the rate of 24% per annum as agreed from July 9, 2014 to the date of full payment (i.e., KRW 177,91,535, which is the aggregate of the above provision damages, administrative fines, and overdue interest from July 8, 2014 (i.e., KRW 130,898,879, KRW 46,82,656), and the sum of the above provision damages and administrative fines (i.e., KRW 131,168,879, KRW 279).

The Defendants’ notification of the date to serve by publication under Articles 194 through 196 of the Civil Procedure Act.

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