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(영문) 서울중앙지방법원 2020.07.08 2019가합577098
리스채무금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 438,501,837 as well as KRW 351,474,401 as to the Plaintiff from September 10, 2019.

Reasons

1. Name of recognized leased object: The supplier of 600,000,000 won : 48-month lease period: 120,000,000 won : 5.59% interest rate per annum: 11,856,90 won at the first time to 48-day lease: 25% interest rate on the first time to 20,000 won; 110% interest rate on the first time to 25,000 won on August 25, 2016: 25% interest rate on the unpaid principal (the overdue interest rate at a financial institution) per annum to 600,000 won: the Plaintiff entered into the lease agreement with the Defendant B Co., Ltd. (hereinafter “Defendant”) on August 1, 2016; and the Plaintiff entered into the lease agreement with the Defendant 00 (hereinafter “Defendant 700”) as to the obligation under the guarantee limit as set forth in the following subparagraphs:

On August 1, 2016, Defendant B: (a) delivered to the Defendant B’s factory located in Kimpo-si, and (b) drafted a certificate of receipt of goods and delivered it to the Plaintiff.

Since then, Defendant B lost the benefit of time due to delay in the payment of the rent under the instant lease agreement, and the total amount of the unpaid rent, etc. incurred as of September 9, 2019 is KRW 438,501,837 (i.e., overdue principal of KRW 351,474,477,984 at the time of registration of the right to termination of the claim (i.e., overdue principal of KRW 358,97,984 at the time of registration of the right to termination of the claim, KRW 26,74,13 - the recovered principal of KRW 34,297,696, overdue interest of KRW 87,027,436)

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 3, 6, 7, Eul's evidence 1-1 to 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, Defendant B is obligated to pay the rent, etc. payable to the Plaintiff as a party to the lease contract of this case, and Defendant C is a joint and several surety, and the guaranteed limit is 780.

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