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(영문) 제주지방법원 2018.09.10 2018가단4788
사용료
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 81,687,362 as well as 19% per annum from October 14, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), a lessee, entered into a facility lease agreement (hereinafter “instant lease agreement”) with the following terms and conditions, and transferred the leased goods to the Defendant Company for use, and Defendant B is a joint and several surety of the instant lease agreement.

CD

B. When the Defendant Company delayed the payment of rent or stipulated loss, or the performance of its obligation under any other lease agreement, the Defendant Company shall pay to the Plaintiff delay damages by 19% per annum for the delayed period, and the Defendant Company may terminate the lease agreement if it fails to comply with the terms and conditions of the lease agreement.

C. On May 25, 2017, the Defendant Company issued a notice to the Defendants that “If the Defendant Company fails to pay the lease price by May 30, 2017, it would terminate the contract without any separate notice,” through the certification of the content of May 25, 2017.”

The Defendants did not pay the lease amount by the above deadline, and the lease contract of this case was terminated by that time.

The lease amount to be paid by the defendant company as of October 13, 2017 shall be as follows:

원고는 피고 회사로부터 보증금 및 장기선수금 59,347,168원(㉴)을 수령하여 보관하고 있으므로 피고 회사가 지급해야 할 리스대금 등의 변제에 비용, 이자, 원금 순으로 충당하면, 리스대금은 81,687,362원이 남게 된다.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 81,687,362 and damages for delay at the rate of 19% per annum, which is the agreed interest rate from October 14, 2017 to the date of full payment.

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