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(영문) 서울고등법원 2018.02.08 2017나2038523
자금보충의무이행
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 316,922,424 as well as to the plaintiff on May 2015.

Reasons

1. Basic facts

A. On May 27, 2014, the Plaintiff entered into a facility lease agreement with the medical corporation B medical foundation (hereinafter “the medical foundation of this case”) on each of the following, middle and high CT and MRI:

(hereinafter referred to as the “Lease Agreement”). (1) Heavy CT (Annual: November 2010; Model Name : TOSHHIBA SCN Ass. TR-021B). (2) One Heavy seller (Infinite: Industrial Property: Model Name on September 201, 201): 50,000,000 (including value-added tax) lease deposit amount of KRW 25,00,000 (including value-added tax) lease deposit of KRW 36-month lease period of KRW 14,88,416, 2-36,14,985,448, and 448, and 19% of the annual overdue interest rate of the Dental Hospital located in the Sungsi C&D Foundation located in the Sungsi City for the lease period of KRW 36 months.

B. On June 17, 2014, the medical foundation of this case, which is the original Defendant and the lessee, entered into an agreement to supplement funds, in which the instant medical foundation, which is a lessee, delayed the payment of the lease fee on the date of repayment of the lease fee, or the lessee would not pay the lease fee due to the shortage of funds on the relevant repayment date, the Defendant entered into an agreement to pay the Plaintiff of the instant medical foundation the lease fee, overdue lease fee, provision loss, and other legal expenses to be paid by the lessee to the Defendant and the amount equivalent to the delayed payment amount.

(hereinafter “instant Fund Supplementary Agreement”). C.

However, the instant medical foundation pays the Plaintiff the lease fee up to 10 times, and delays the payment of the lease fee.

On May 13, 2015, the application for commencement of rehabilitation procedures was filed on June 8, 2015, but the decision to discontinue rehabilitation procedures was finalized on March 24, 2016.

Article 30 and Article 31 of the Lease Agreement of this case provide that “If a lessee applies for the commencement of corporate reorganization proceedings, the Plaintiff may terminate the lease agreement without any separate notice or peremptory notice and lose the lessee’s benefit of time.”

Therefore, the medical foundation of this case is the medical foundation.

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