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(영문) 서울중앙지방법원 2014.04.04 2013가합44800
리스료
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,060,084,239 and KRW 656,602,416, out of the said money.

Reasons

1. Cost for acquisition of a facility lease agreement: 85,00,000 won lease deposit: 85,000,000 won lease period: Lease fee for 48 months from the date of issuance of the certificate of receipt of the object ( July 16, 2007): 7,437,500 won (limited to 6 months respectively)/21,715,200 won (limited to 42 months): Article 3 [Rules] of the Special Terms and Conditions for 25% per annum / Notwithstanding Article 22 of this Agreement, the amount of damages stipulated shall be the sum of 110% of the unpaid collection acquisition price as of the date of termination of this Agreement and the interest and overdue interest on the cost for acquisition from the date of termination until the date of termination of the lease immediately before the date of termination;

The Plaintiff is a specialized credit finance company established by the Specialized Credit Financial Business Act.

On July 13, 2007, the Plaintiff entered into a lease agreement with the operator E (Defendant A, E, and F) of the “D Hospital” located in Jinhae-si, Inc. (hereinafter “instant lease agreement”) on the condition that the Plaintiff would lease the MRI equipment to E (hereinafter “instant lease agreement”).

(Plaintiff and E drafted the above lease contract as of July 16, 2007). (b)

The term "joint and several surety" in the lease agreement (A) of this case includes each name of the defendants, and each name of the defendants is affixed to the name of the defendants.

The above signing and sealing of the Defendants’ names was done by F, working as the head of the D Hospital at the time of entering into the instant lease agreement.

C. On July 16, 2007, the Plaintiff purchased MIM equipment in KRW 850,00,000 as stipulated in the instant lease agreement from Kmerckh Co., Ltd. (hereinafter “Kmerckh”), and installed the said MIM equipment in the vicinity of the “D Hospital”.

E by May 15, 2009, up to 21 minutes of the lease fee under the instant lease agreement, and thereafter, the lease fee was not paid.

On April 22, 2013, according to the instant lease agreement, overdue lease charges, unpaid interest, etc. at the time are attached.

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