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(영문) 서울고등법원 2016.11.15 2016나6448
리스료
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. 1) The Plaintiff is a specialized credit financial business company, which runs a facility leasing business, and is a stock company A (hereinafter “non-party company”).

B) As indicated in the table below, each lease agreement (hereinafter “the instant lease agreement”) is “each of the instant lease agreements,” and, individually, “the instant lease agreement,” as indicated in the following table.

B, the representative director of the non-party company, has jointly and severally guaranteed the obligation to be borne by the non-party company to the Plaintiff under each of the instant lease contracts. On April 3, 2014, the date of the first lease contract under the third lease contract under the third lease contract under the first lease contract, the acquisition cost of the CNC heading SIUS-850 on October 30, 2014, 160,000 KRW 60,000,000 KRW 140,000,000 KRW 140,000,000 KRW 986,666 (1) 4,746, 354, 1234, 204, 2000 annual interest rate of 0,000 KRW 60,000,000 per annum 20,000 per annum 36,565% per annum of each of the instant lease contracts under the first lease contract.

Article 2 (Lease Deposit) of the Special Agreement Clause provides that the non-party company shall pay the bond to the Plaintiff at the time of the lease agreement or the Plaintiff’s designation and execute the lease on the date when the full amount of the bond is paid, and the Plaintiff shall offset the bond by the unpaid principal on the date when the lease is paid.

Provided, That in the event of arrears, overdue interest and overdue lease shall be appropriated first in the order of the total overdue interest and overdue lease.

When Nonparty Company falls under Article 20 of the terms and conditions of the instant lease agreement, the Plaintiff may lose the benefit of time and set off the deposit against the Plaintiff’s current and future monetary claims against Nonparty Company, including this contract. If the deposit is insufficient to extinguish the entire debt of Nonparty Company, the order of expenses, interest, and principal.

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