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(영문) 서울중앙지방법원 2018.07.17 2018가단5012585
리스금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 35,381,016 and KRW 32,143,445 among these amounts, from August 29, 2017 to the day of full payment.

Reasons

The fact that the lease contract was entered into between the Plaintiff and the Defendant on June 9, 2014 (the acquisition cost is 290,400,000 won, the overdue interest rate is 25% per annum) and the fact that the said lease contract was terminated on June 12, 2017 on the ground that the lease was unpaid, etc., and the fact that there is no dispute between the parties that there exists the obligation to pay the principal amount of the said contract and the interest amount of KRW 32,143,445, the interest amount of KRW 3,237,571, the total amount of KRW 35,381,016 as of August 28, 2017.

Although the defendant asserts that he was only the intention to lend his name and that he should be responsible for B to the actual contracting party, the above argument is without merit, since there is no evidence to acknowledge it.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum from August 29, 2017 to the date of full payment as to the above KRW 35,381,016 and the principal amount of KRW 32,143,445 among these amounts. Thus, the Plaintiff’s claim of this case is justified.

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