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(영문) 서울중앙지방법원 2016.09.09 2015가합575216 (1)
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 182,41,047 and the interest rate of KRW 25% per annum from September 30, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff entered into the instant lease agreement and re-purchase agreement on November 12, 2014 (hereinafter “the instant lease agreement”) and the lower-end agreement, sloping road, and sloping road supplied by the Defendant (hereinafter “the instant lease”).

(2) As to the term “instant lease agreement” (hereinafter referred to as “instant lease agreement”)

After the conclusion of the contract, on December 17, 2014, the Plaintiff purchased the instant leased object from the Defendant and delivered it to B. The Plaintiff-user: 280,00,000 won contract deposit: 84,000,000 won lease interest rate for 48 months: 6% lease interest rate for 60% per annum: 5,023,065 won interest rate for 25% per annum; 25% (Termination of the contract) where one of the following subparagraphs occurs to B, the Plaintiff shall notify the Defendant of the correction of the violation, and the Plaintiff may lose the benefit of time and the Plaintiff may terminate the contract without the peremptory notice if it is impossible in light of the nature of the matter.

The contract was concluded. The main contents of Article 3 are as follows. In the event that a lease contract is terminated due to the cause of termination of the lease contract under Article 20 of the lease contract of this case, or the lessee fails to pay the lease fee for at least 90 days on three consecutive occasions or on the basis of the number of overdue days, the Defendant shall be subject to the provisions of Article 4.

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