(영문) 서울중앙지방법원 2015.04.23 2014가합39300

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(영문) 서울중앙지방법원 2015.04.23 2014가합39300

리스료

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 168,172,980 and the interest rate thereon from May 31, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On January 23, 2014, the Plaintiff entered into a joint and several surety agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with MADA 3 side (3BH-900), 1 unit of AMADA saw saw saws (H-650HD), 1 unit of HMADA saws (H-650HD), 1 unit of YAR improvement cost ( HS-38m) and YD 36 months from January 24, 2014, 200, 200,000, 4,807, 800, 500, 500, 000, 000, and 31 unit of 1 unit of YA with respect to the term of the contract, and the Plaintiff entered into a joint and several surety agreement with Defendant A as a joint and several surety agreement with the Plaintiff (hereinafter “instant interest rate”).

B. From March 31, 2014, Defendant A delayed the payment of the lease fee under the instant lease agreement. At that time, the Plaintiff notified Defendant A and Defendant B of the payment of the lease fee in arrears, but the Plaintiff still did not perform the payment, and notified the termination of the instant lease agreement on May 30, 2014, and notified Defendant A of the performance of the obligation following the termination of the contract.

C. As of May 30, 2014, as of May 30, 2014, Defendant A and Defendant B had to pay the Plaintiff the unpaid principal, etc. upon the termination of the instant lease contract (i.e., KRW 168,172,980, totaling KRW 188,494,740, and KRW 921,816, and overdue interest of KRW 921,615,600, and KRW 18,849,474, KRW 50,000, the overdue interest of KRW 921,816, and KRW 921,615,60, and KRW 291,350).

[Ground of recognition] Unsatisfy, entry of Gap 1 through 3 (including each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated on May 30, 2014. The Defendants jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 25% per annum from May 31, 2014 to the date of full payment, which is the date following the termination date of the contract.

3. As to the Defendant B’s assertion, the judgment of the Defendant B is as follows.

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