(영문) 서울남부지방법원 2020.01.22 2019가단265714

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(영문) 서울남부지방법원 2020.01.22 2019가단265714

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1. The Defendant shall pay to the Plaintiff KRW 171,810,804 as well as 24% per annum from October 12, 2019 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. Fact 1) On May 31, 2018, the Plaintiff determined that the agreement was 172,334,810 won, monthly rent of KRW 2,878,309, annual interest rate of 8.4329, annual interest rate of arrears rate of 24%, annual interest rate of 24%, and 110% of the principal amount not recovered (hereinafter “instant lease agreement”).

(2) However, the Defendant did not pay the rent under the instant lease agreement, and the Plaintiff lost its interest under Article 8 of the Framework Agreement on Credit Transactions and Article 20 of the Oralto Lease Terms and Conditions, so the Plaintiff claimed for the termination of the instant lease agreement and the payment of the remaining principal and statutory damages, but the Defendant did not comply therewith.

3) As of October 11, 2019 following the Plaintiff’s early termination, the Defendant is obligated to pay the Plaintiff the overdue lease fee of KRW 157,390,136, and the statutory damages of KRW 14,420,668 under the instant lease agreement. (B) According to the above recognition, the Defendant, barring any special circumstance, is obligated to pay the Plaintiff KRW 171,810,804 (==157,390,136 KRW 14,420,68 and delay damages calculated at the rate of KRW 24% per annum from October 12, 2019 to the date of full payment.

2. The defendant's assertion is alleged to the purport that the former representative director of the defendant concluded the lease contract of this case and used the lease vehicle, and the present representative director of the defendant did not bear the lease liability under the lease contract of this case because there is no means to conclude the lease contract of this case or use the lease vehicle. However, the defendant's assertion does not affect the legal effect of the lease contract of this case which was already effective or the obligation to pay the lease fee under the above contract merely on the ground that the representative of the defendant changed. Thus, the defendant's assertion is

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

유사 판례

-서울남부지방법원 2020.01.22 2019가단265714

-부산지방법원동부지원 2016.06.22 2015가단212567

-서울남부지방법원 2020.06.25 2020가단230646

-대구지방법원의성지원 2015.08.26 2014가단1968

-서울남부지방법원 2020.04.23 2020가단205138