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(영문) 서울중앙지방법원 2015.07.10 2014가합31177
리스금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 143,915,486 and KRW 143,789,425 among them. From February 7, 2014.

Reasons

1. Determination as to the cause of claim

A. 1) On September 24, 2012, the Plaintiff entered into a lease agreement with Defendant A (hereinafter “instant lease agreement”) as follows.

The Defendant B signed the instant lease agreement on the same day, and Defendant B jointly and severally guaranteed Defendant A’s debt under the instant lease agreement. The lease object raUMAIC-l2530, hereinafter “the instant lease object”).

() The lease cost of KRW 300 million in the leased principal of KRW 1,750,00 in KRW 3-48: 5,743,290 per annum 25% per annum for the overdue interest rate of KRW 48 months; Defendant A did not pay only KRW 4,067,488 out of the lease cost from October 15, 2012 to January 10, 2013.

3) Accordingly, the Plaintiff terminated the instant lease agreement and collected the instant leased object from Defendant A on June 2013, and then appropriated the amount of KRW 125 million for the sale of the instant leased object and KRW 90 million for the repayment of the lease deposit on December 9, 2013. As of February 6, 2014, the remainder of the lease amount as of February 6, 2014 is KRW 143,915,486 in total, including the principal amount of KRW 143,789,425, and overdue interest of KRW 126,061 in total [based on recognition], there is no dispute regarding the existence of evidence No. 1 through 6, and evidence No. 733,915,486 in each case (including the case where there is a serial number).

hereinafter the same shall apply.

witness C’s testimony, the whole purport of pleading

B. According to the above facts of determination, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed delay damages at the rate of 25% per annum from February 7, 2014, which is the day following the date of final calculation of interest, to the day of full payment, with the amount of KRW 143,915,486, and the principal amount of KRW 143,789,425.

2. Determination as to the defendants' defenses, etc.

A. Defendant A’s defense of cancellation of a contract by a third party’s fraud 1) Defendant A’s representative director E and director F (hereinafter “D”).

From now, when installing the leased object of this case, we will find out a large range of distance that can be produced by using the leased object of this case and deal with the lease loan of this case.

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