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(영문) 서울중앙지방법원 2015.06.26 2013가합74115
사용료
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 719,496,528 and KRW 182,325,838, out of the said amount.

Reasons

Description of Claim

On November 3, 1994, C&C concluded a lease agreement between the Defendant Medical Foundation A (hereinafter referred to as the “Defendant Foundation”) on the automatic biochemical analysis of the leased object, KRW 10ET, KRW 200 million, monthly rent of KRW 4,477,400, and KRW 5 years from the date of issuance of the lease term object receipt certificate, and KRW 19% per annum, and Defendant B and C jointly and severally guaranteed the Defendant Foundation’s liability for the loan under the lease agreement.

on August 6, 2002, capital gains filed a lawsuit against the Defendants for the payment of lease fees, etc., and the Defendants were jointly and severally sentenced to the said lawsuit to order the Defendants to pay 198,539,159 won and 182,325,838 won with 19% interest per annum from March 12, 1998 to the date of full payment.

(Seoul Central District Court Decision 2002Ga215982 delivered on April 11, 2003). The Plaintiff was divided from galth Capital and was established on September 2, 2009, and was succeeded to all claims related to the lease agreement of galth Capital, and the Defendant Foundation’s obligations to the Plaintiff as of March 22, 2013 are KRW 719,496,528 (= Principal KRW 182,325,838 overdue interest of KRW 537,170,690).

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.

2. Articles 208 (3) 3 and 194 of the Civil Procedure Act of the applicable provisions of Acts;

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