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(영문) 서울중앙지방법원 2018.07.13 2017가합572488
리스료 등 청구의 소
Text

1. The Plaintiff:

A. Defendant B shall be 48,909,742 won and 25% per annum from April 10, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On July 21, 2014, the Plaintiff entered into a lease agreement with A (hereinafter “Defendant Company”) with respect to the goods listed in the separate sheet at KRW 300 million, contract bond of KRW 90,000,000,000,000, annual interest rate of KRW 48 months, annual interest rate of KRW 4.5%, monthly lease fee of KRW 3,461,516, annual interest rate of KRW 25%, and delivered the goods listed in the separate sheet owned by the Plaintiff to the Defendant Company (hereinafter “instant lease agreement”). Defendant B, the representative of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligations under the instant lease agreement.

Among the lease agreements of this case, the contents related to the lawsuit of this case are as follows.

In the event that any of the following provisions of Article 20 of the Lease Agreement has occurred to the defendant company, the plaintiff shall notify the defendant company to correct the violation within a reasonable period, and if the defendant company does not correct the violation within such period, the defendant company shall lose the benefit of time, and the plaintiff may terminate the contract.

However, this contract may be terminated without a peremptory notice, if it is impossible to correct in light of the nature of the matter.

11. Where an application for bankruptcy, commencement of composition or company reorganization procedures has been filed, the return of goods under Article 25;

1. When the lease contract is terminated or the contract is terminated, and the plaintiff claims the return of the goods at his own expense, the defendant company shall without delay return the goods at its own expense to the place designated by the plaintiff within the same administrative district as the location of the plaintiff'

B. On March 30, 2018, when the Defendant Company did not perform its duty to pay rent under the instant lease agreement to the Plaintiff, the Defendant Company applied for the commencement of rehabilitation proceedings as Seoul Rehabilitation Court 2018 Gohap10066, and on April 9, 2018, the Plaintiff notified the Defendant Company of the termination of the instant lease agreement pursuant to Article 20(11) of the instant lease agreement.

(c) the defendant company;

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