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(영문) 서울중앙지방법원 2016.10.21 2016가합15643
리스금
Text

1. The Defendant shall pay to the Plaintiff KRW 209,452,899 and the interest rate of KRW 25% per annum from June 9, 2016 to the day of complete payment.

Reasons

1. Indication of claim;

A. On December 11, 2015, the Plaintiff entered into a lease agreement with the Defendant at KRW 250 million, KRW 1,270,833 (one to three times), KRW 6,347,620 (4 to thirty nine times), KRW 39, the frequency of lease, and KRW 25 percent per annum at an overdue interest rate (hereinafter “instant lease agreement”).

B. According to the instant lease agreement, if a lessee fails to perform his/her obligation, such as the lease fee, the contract may be terminated without any separate notice (Article 20), and if the contract is terminated, the total sum of the outstanding principal of the lease and the delay damages, etc. shall be determined as the amount as stipulated loss.

§ 22 (c).

The Defendant did not pay the lease fee under the instant lease agreement, thereby losing the benefit of time to the Plaintiff.

The Defendant’s total amount of the principal and interest of the lease fees under the instant lease agreement against the Plaintiff is KRW 209,452,89 as of June 8, 2016.

E. Therefore, the plaintiff seeks payment of the amount stated in the purport of the claim to the defendant.

2. Judgment made by confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act and the main sentence of Article 150 (3) and (1) of the Civil Procedure Act);

3. Conclusion in favor of the Plaintiff

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