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(영문) 서울중앙지방법원 2015.12.04 2015가합23067
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 236,443,260 as well as KRW 234,766,590 among them, from March 19, 2015 to the date of full payment.

Reasons

1. On April 25, 2013, the Plaintiff entered into a lease agreement with B on the premise of the Defendant’s joint and several sureties and three kinds of facilities (350,000 won for manufacture, purchase, and purchase) (8,631,530 won per month, contract term of 48 months, overdue interest rate of 25% per annum, and delivered the above facilities to B. However, B did not pay rent from December 2014, thereby making profits arising therefrom.

As of March 18, 2015, the Defendant is obligated to pay to the Plaintiff damages for delay based on the agreed overdue interest rate for the total amount of KRW 236,443,260 [25,894,590 per annum, fixed loss amount of KRW 208,872,00 (110 per cent of the amount of the unpaid principal under Article 24(2) of the contract), overdue interest amount of KRW 798,240 per annum, and KRW 878,430 per annum] of the Plaintiff’s total amount of claims as of March 18, 2015 and the total amount of the fixed loss amount of KRW 234,76,590.

2. Judgment based on the deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act).

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