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(영문) 서울중앙지방법원 2016.05.12 2015가단209819
규정손해금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 140,004,269 and KRW 130,189,667 among them.

Reasons

1. Facts of recognition;

A. On March 18, 2013, the Plaintiff and Defendant A limited liability company (hereinafter “Defendant A”) entered into a siren agreement with the acquisition cost of KRW 270,00,00,000, siren deposit of KRW 135,00,000, siren deposit of KRW 36 months, siren deposit of KRW 5,165,60, and overdue interest rate of KRW 24%, and Defendant B jointly and severally guaranteed the obligations under the rental agreement.

B. Upon Defendant A’s delinquency in paying rental fees, the Plaintiff terminated the rental agreement on November 28, 2014, and the Plaintiff had the obligation to pay the principal and interest, such as overdue rental charges of KRW 140,04,269 as of January 26, 2015 (i.e., statutory damages of KRW 130,189,667 for delay damages of KRW 9,814,602).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5 and the purport of the whole pleadings

2. According to the above findings, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 140,004,269, including statutory damages, and damages for delay calculated at the rate of 24% per annum, which is the overdue interest rate, from January 27, 2015 to the date of full payment. Thus, the Plaintiff’s claim of this case is justified.

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