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(영문) 서울중앙지방법원 2017.09.29 2017가합1979
리스료
Text

1. The Plaintiff:

A. Defendant A, within the scope of the property inherited from the network E, shall not exceed 138,07,817 won and its 122.

Reasons

1. Basic facts

A. On February 13, 2015, the Plaintiff and deceased E, a company operating installment financing and facility leasing business, entered into a lease agreement with a fixed lease term of 60 months, 2,93,300 won per annum, and 25% per annum of overdue interest rate (hereinafter “the first lease agreement”). On February 1, 2016, the Plaintiff and deceased E concluded a lease agreement with a fixed lease term of 60 months, 3,465,90 won per annum, and 25% per annum of overdue interest rate (hereinafter “the second lease agreement”).

B. On December 22, 2016, the Plaintiff notified the network E of the performance of the obligation by December 27, 2016 regarding the first lease agreement on December 22, 2016. On January 2, 2017, the Plaintiff notified the second lease agreement to perform the obligation by January 4, 2017.

The first rent, which was not paid by the network E as of January 4, 2017, is the principal of 119,360,030, interest 1,654,54,540, and damages for delay 85,773, commission of 11,582,50, and expenses of 674,420, plus 133,357,263. The second rent is the principal of 167,492,90, interest 2,568,540, interest 2,540, damages for delay 72,140, commission of 16,308,90, expenses of 218,400, total of 186,60,970.

C. Meanwhile, the deceased on November 14, 2016, and Defendant A, Defendant B, and D, the deceased’s heir of the deceased E, were subject to a trial of qualification approval by inheritance as the Incheon Family Court’s 2017-Ma10035 on the deceased’s inherited property.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination, Defendant A, the heir of the network E, within the scope of the property inherited from the network E, shall be liable to compensate for the delay of KRW 138,007,817, which is the 3/7 inheritance shares of each of the lease fees of this case, and KRW 122,937,008, which is the principal amount, at the rate of 25% per annum from January 5, 2017 to the date of complete payment, and Defendant B and D shall be liable to compensate for the delay of KRW 122,937,00,00.

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