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(영문) 서울중앙지방법원 2015.08.11 2014가합55814
리스료
Text

1. The parties to the case and the designated parties are to the extent of the property inherited from each net B to the Plaintiff. 16.

Reasons

1. Facts of recognition;

A. On September 17, 2010, the Plaintiff, a company operating installment financing and facility leasing business, concluded a contract with the Plaintiff to lease a medical device to the network B (hereinafter “instant contract”) by setting the lease term of 36 months, lease rate of 8,145,60 won per annum, and at 25% per annum of overdue interest rate.

B. The deceased B delayed the lease fee, and the Plaintiff notified the deceased B of the loss of benefit due to the deadline and the termination of the instant contract.

The lease fee that was not paid by the deceased B as of October 29, 2014 is the total of KRW 121,476,345, interest KRW 62,70,369, and KRW 195,378,024.

C. On the other hand, the deceased on May 24, 2012, the deceased on May 24, 2012, the deceased’s children C, D, and siblings E, F, G, H, and I, the heir of the deceased’s first-class heir of B, were subject to the Daejeon Family Court’s 2012-Ma435 with respect to the deceased’s inherited property of B, and the Defendant (Appointed Party) who is the third-class heir, and the designated parties were subject to the deceased’s 2013-Ma308 inheritance as to the deceased’s inherited property of B.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant (Appointed Party) and the designated parties, who are the heir of the deceased B, are liable to pay damages for delay at the rate of 25% per annum from October 30, 2014 to the date of full payment of the principal amount of KRW 16,281,502, which is the inheritance shares of 1/12 of the above principal and interest of the lease fees, and the total amount of KRW 10,123,028, among them, within the scope of the property inherited from the deceased B.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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