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(영문) 서울중앙지방법원 2015.05.14 2014가합527814
손해배상(기)
Text

1. As to KRW 1,374,554,04 and KRW 1,214,554,004 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,214,54,004 from March 20, 2013 to May 14, 2015.

Reasons

1. Facts of recognition;

A. A. 1) Loanes Co., Ltd. (hereinafter “Loans”) (hereinafter “Loans”) with Defendant and Loanes Co., Ltd.

Around March 14, 2013, 201, the Defendant and the Defendant had 401 SSM-103A food washing equipment (hereinafter “instant lease”) for the purpose of hiding the food washing equipment to a military unit (hereinafter “instant lease”).

(2) On March 18, 2013, the Loaner concluded a lease agreement with the Defendant to transfer the instant leased object amounting to KRW 2,124,979,200,00 won, monthly rent of KRW 78,404,923, annual applicable interest rate of KRW 7.5%, deposit of KRW 600,000 ( KRW 20% of the acquisition cost), remainder of KRW 600,000 ( KRW 20% of the acquisition cost), total rent of KRW 2,82,577,228.

3) On March 20, 2013, the Defendant and the Loaner entered into an agreement on the change (execution) of the lease agreement between the acquisition price of the leased property of this case and the acquisition price of KRW 2,124,979,20, and the lease period of KRW 36 months, monthly rent of KRW 5,536,273, monthly rent of KRW 55,536,273, annual applicable interest rate of KRW 7.5%, deposit amount of KRW 424,996,00 (acquisition price of KRW 20%), remainder of KRW 424,96,00 (acquisition price of KRW 20%), total amount of rent of KRW 1,99,305,828 (hereinafter collectively referred to as “the lease agreement of this case”).

(4) On March 20, 2013, the Defendant remitted 1,581,924,422 won (=2,124,979,200 won - 111,072,546 won for the leased object of this case - 424,96,00 won for the leased object of this case from 2,124,979,200 won for the leased object of this case, and 111,072,546,232 won for the prior lease of this case, and 6,986,232 won for the period of time (=2,124,979,200 won - 424,96,900 won - 111,072,546 won - 6,986,232 won).

5) On March 20, 2013, the borrower issued to the Defendant a certificate of receipt of the object that read, “The object of this case is confirmed to be installed at a designated site in a complete state that is not suitable for the size, quantity, performance, etc. of the object of this case’s lease pursuant to the instant lease contract.” B. The Plaintiff and the Defendant’s transfer 1) on March 2013.

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