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(영문) 서울중앙지방법원 2015.07.22 2014가합60120
리스채권
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 119,422,993 and the interest rate thereon from November 29, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On March 5, 2013, the Plaintiff (Lessee) concluded a lease agreement between Defendant A (user; hereinafter “A”) and Defendant A (hereinafter “Defendant A”) under which the acquisition cost was KRW 284,256,00, monthly rent of KRW 608,956, monthly rent of KRW 608,956, and delayed payment damages rate of KRW 25% per annum (hereinafter “the lease agreement in this case”). At the time of Defendant A’s representative director, Defendant A and Defendant A jointly and severally guaranteed the Plaintiff’s liability owed by Defendant A in accordance with the lease agreement in this case.

B. On March 5, 2013, the Plaintiff paid 209,808,000 won for the purchase of leased goods to the 124 electrical sirens on March 5, 2013, and 20,304,000 won for the purchase of leased goods on April 11, 2013, and acquired the ownership of the said electrical sirens, and Defendant A used the said electrical sirens.

C. Defendant A is entitled to the instant lease agreement pursuant to the instant lease agreement.

The rental fee of KRW 4,878,039 per month for the electric sirens 124 units described in the paragraph, and the rental fee of KRW 472,068 per month for the electric sirens 12 units described in the same paragraph, shall not be paid from July 2013.

As a result of the calculation of the deposit, etc. paid by Defendant A to the Plaintiff in relation to the instant lease agreement, the lease fee that Defendant A did not pay to the Plaintiff as of November 28, 2014 is KRW 119,422,93 (principal).

E. Therefore, Defendant A and Defendant B, a joint surety, jointly and severally guaranteed by the principal debtor of the instant lease agreement, are jointly and severally liable to pay the Plaintiff the unpaid lease fee of KRW 119,422,93 and damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate from November 29, 2014 to the date of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act:

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