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(영문) 서울중앙지방법원 2017.03.16 2016가단62215
리스금
Text

1. The defendant shall pay to the plaintiff KRW 91,33,450 as well as KRW 71,287,490 among them, from May 19, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. As a lessee, the Plaintiff entered into each of the following lease agreements with the Defendant (hereinafter “each of the instant lease agreements”).

On June 9, 2014, June 2014, 2014, on June 12, 2014, the lease term of KRW 4,566,702, the lease term of KRW 36 months, plus the lease term of KRW 33,000,000,000,000 per annum 25% per annum for delay interest rate of KRW 6,60,000 per annum.

B. After that, the Defendant’s delinquency in paying the lease fee, each of the instant lease agreements was terminated on May 18, 2016 upon the Plaintiff’s notice of termination.

C. As the termination of each of the instant lease contracts, the amount that the Defendant is obliged to pay to the Plaintiff is KRW 71,287,490 as of May 18, 2016, including the unpaid principal and outstanding amount of KRW 71,287,490 as of May 18, 2016, the amount of overdue loan, overdue loan, interest, and damages for delay on each of the said amounts.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3-8, Gap evidence 9-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 91,33,450 ( KRW 71,287,490, KRW 20,045,960) and the principal of KRW 71,287,490, the delay interest rate of KRW 25% per annum from May 19, 2016 to the date of full payment.

B. (1) The defendant's argument on the defendant's argument that each of the lease contracts of this case was a condition for repurchase, on the other hand, the lease machine could not be used due to its failure to operate properly, and the lease fee was delayed, the plaintiff recovered the lease machine, and the plaintiff would claim for the principal and interest on reimbursement to the original seller of the lease machine as the condition for repurchase was attached at the time of recovery of the lease machine.

Therefore, the defendant cannot respond to the plaintiff's request.

(2) There is no evidence to acknowledge the Defendant’s above assertion.

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