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(영문) 서울중앙지방법원 2020.12.16 2019가합5708
약정금 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 240,338,432 and KRW 208,031,059.

Reasons

1. Facts of recognition;

A. On May 11, 2015, Defendant B, who was engaged in the manufacturing business under the name of D, as the instant lease agreement (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff, and Defendant B, who was engaged in the manufacturing business under the name of D, are subject to the instant lease agreement (hereinafter “instant lease agreement”), and the leased object “the instant lease object”.

A) The lessee entered into a contract. The supplier of the Plaintiff’s property: The supplier of the Plaintiff’s property: 360,000,000 won: The F Lease Period: From May 11, 2015 to May 11, 2020: 60 months: 72,000,000 won: the interest rate of 25% per annum: 5.8% per annum: 1/3,740,000 won per annum; 4-6,140,700 won after the expiration of the lease period: Article 1(a) of the Terms and Conditions of Transfer Facility Lease (Lease) after offsetting the unpaid principal and deposit: The Terms and Conditions of this Agreement are attached to the terms and conditions of credit transaction.

(1) The lease articles directly selected by the Plaintiff (hereinafter referred to as “financial company”)

(i)the purpose of this agreement is to provide for matters concerning the rights and obligations between financial companies and customers in a facility leasing agreement to be purchased and used to customers. The definitions of the terms used in this Agreement are as follows: (i) The terms used in Article II (Definitions) are as follows:

(b) the seller or supplier (hereinafter referred to as the “seller”) of a leased article directly selected by the customer;

(2) The term “leased” means an act of leasing facilities under the Specialized Credit Financial Business Act, which the parties determine, at the request of the customer, to be purchased by the financial company and to be used by the customer for a certain period of time. The term “charters” means the act of leasing facilities under the Specialized Credit Financial Business Act, which the financial company determines in the contract.

) The term "goods" means things mentioned and shall be deemed to include any attachment, etc. attached to the leased things at the time of delivery. The customer's responsibility under Article 3 ( customer's Responsibilities) shall be deemed to be his/her use.

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