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(영문) 창원지방법원 밀양지원 2018.11.09 2018가합10271
리스채무금
Text

1. The plaintiff's claim is dismissed.

2. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 121,430,757 and KRW 116,143,171 among them.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. On February 23, 2017, the Plaintiff entered into a contract for facility leasing (industrial re-lease) with the Defendant (hereinafter “instant lease agreement”) with a view to setting the maximum cost of B dump truck as KRW 215,350,00, monthly rent of KRW 3,639,300, lease period of KRW 72 months, overdue interest rate of KRW 24%, and the lease rate of KRW 24%.

(2) Around January 25, 2018, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the monthly rent was overdue.

3) On September 11, 2018, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claim under the instant lease agreement with the Defendant, and notified the Defendant of the assignment of the said claim on September 13, 2018. 4) The Plaintiff’s claim based on the instant lease agreement against the Defendant by the Intervenor succeeding to the Plaintiff was KRW 116,143,171, interest57,941, compensation for delay 4,739,645, and KRW 121,430,757, and KRW 116,143,177, and KRW 1751,00,000,000,000 from October 2, 2018, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff for delay damages at the rate of 24% per annum from January 30, 2018, which is the date following the settlement of accounts.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. The plaintiff's claim determination as to the plaintiff's claim was transferred to the plaintiff succeeding intervenor during the lawsuit of this case to the defendant, and thus, the plaintiff's claim is dismissed as it is without merit.

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