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(영문) 서울중앙지방법원 2015.09.10 2014가단167666
리스채권
Text

1. Defendant A is within the limit of KRW 143,00,000, and Defendant B is within the scope of the property inherited from the net C.

Reasons

1. Basic fact-finding lease object: Lease cost of KRW 10,00,000 for monthly rent of KRW 110,000: 3,436,900 for overdue interest rate of KRW 36: 25% in overdue interest rate of KRW 36: If a lessee fails to perform his/her contractual obligation such as the payment of rent, etc., the Plaintiff may terminate the contract after the peremptory notice.

When a contract is terminated, the lessee shall pay the Plaintiff the agreed amount of loss as stipulated in the lease contract.

On May 30, 2013, the Plaintiff entered into a lease agreement with the network C (hereinafter “instant lease agreement”) with the following terms and conditions, and around that time, transferred two lease items described below to the network C.

B. Defendant A, on the same day, jointly and severally guaranteed the net C’s obligation to the Plaintiff based on the instant lease agreement within the scope of KRW 143,00,000.

C. After entering into the instant lease agreement, the payment of the lease fee was delayed, the Plaintiff urged the deceased C to pay the overdue lease fee on July 8, 2014, and terminated the instant lease agreement on July 18, 2014.

As of July 21, 2014, the amount of the lease obligation that the deceased C shall pay to the Plaintiff according to the instant lease agreement (i.e., the amount calculated by deducting the deposit amount of KRW 11,00,000 from the total amount of the principal, stipulated loss, overdue lease, overdue interest, and the period of the 91,452,830, which was the date of termination, as of July 18, 2014). The overdue interest from July 21, 2014 after the termination is KRW 165,314.

E. The deceased C died on July 13, 2014, and there was Defendant B, his heir, who is his child. In the inheritance of the deceased C’s property, the Defendant B filed a claim for the inheritance limited approval with the Daejeon Family Court Branch 2014Mo1008, Seosan-Ma1008, and was adjudicated on August 21, 2014.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, Gap's evidence 1, 2, Gap's evidence 6 to 8, Eul's evidence 2, and the purport of whole pleadings

2. Assertion and determination

A. According to the above facts of recognition as to the cause of the claim, special circumstances exist.

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