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(영문) 서울중앙지방법원 2018.11.27 2018가단5077995
기타(금전)
Text

1. The Defendant’s KRW 42,907,870 and KRW 7,820,590 among the Plaintiff’s KRW 42,90 and KRW 35,087,280 from March 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an operation lease agreement with the Defendant on each of the following vehicles:

B. At the time of the above agreement, the defendant paid a certain amount of rent on the date of each month, and delayed payment for more than two months from the time when the lessee is liable to pay the rent, and when the obligor caused the damage to the obligee by transferring the mortgaged article to a third party for the purpose of harming the obligee, and when the secured article was transferred to a third party for use or profit, or by infringing the obligee’s ownership, etc., the contract shall lose the benefit of time, and the lease vehicle shall immediately return it to the place designated by the obligee, and shall pay in full

C. However, the Defendant did not pay the lease fee and returned the leased vehicle to the Plaintiff due to the termination of the contract, and the Plaintiff sold each of the above vehicles through the public auction procedure and appropriated the proceeds from the sale of the vehicle to the repayment amount as follows:

[Reasons for Recognition] Each entry (including each number), the purport of the whole pleading of Gap evidence Nos. 1 through 3

2. According to the above recognition of the board of directors, the defendant is obligated to pay the plaintiff the remainder of each debt appropriating the proceeds from the sale of the vehicle from the total repayment amount.

I would like to say.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from March 16, 2018 to March 21, 2018 to the day of full payment with respect to KRW 42,907,870 and KRW 7,820,590.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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