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(영문) 서울중앙지방법원 2019.02.12 2018가단5067998
보증채무금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 99,448,669 and the amount of KRW 85,315,849 from February 8, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 28, 2014, the Plaintiff entered into a siren lease agreement (hereinafter “instant siren lease agreement”) with D Co., Ltd. (hereinafter “Nonindicted Company”).

E

B. At the time of the instant siren contract, when the non-party company delayed the performance of its obligations under the rental contract, such as the payment of rental fees, the non-party company shall pay damages and damages for delay to the Plaintiff. However, the rate of damages for delay was 23.1% in the case of 1-30 days of delay, 23.4% in the case of 1-30 days of delay, 23.4% in the case of 31-60 days of delay, 23.7% in the case of 61-90 days of delay, and 24% in the case of 91 days

C. Since then, when the non-party company did not pay the rental fee, the Plaintiff notified the non-party company of the termination of the instant siren agreement on January 31, 2017.

On July 29, 2017, the decision of compulsory adjustment was finalized that the non-party company paid KRW 110,000,000 to the Plaintiff on July 29, 2017, which was brought by the Plaintiff against the non-party company, paid KRW 5,00,000 per month to the Plaintiff.

E. Since October 2017, the non-party company did not pay back the debt under the above compulsory adjustment order again, the G division leader of F, the Plaintiff’s debt collection agent, notified the non-party company of the termination of the instant siren contract on November 24, 2017.

F. As of February 7, 2018, the non-party company’s overdue rent, etc. that the non-party company should pay to the Plaintiff due to the termination of the instant siren contract is as follows.

(Amount obtained by deducting KRW 35,200,000,000 paid by the non-party company at the time of the contract). D / [Grounds for recognition] without dispute, each entry in Gap evidence Nos. 1 through 5 (including serial numbers), and the purport of the whole pleadings.

2. According to the above facts of recognition, the instant siren contract was lawfully terminated by the Plaintiff’s notice of termination on November 24, 2017, based on the non-party company’s non-performance of obligation. Thus, the instant siren contract is deemed to have been lawfully terminated.

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