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(영문) 부산지방법원 2015.08.25 2015가단208418
사용료
Text

1. The defendant shall pay to the plaintiff the amount of KRW 178,458,265 and the amount of KRW 142,235,545 from January 31, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On September 21, 2012 and October 26, 2012, the Plaintiff entered into a facility lease agreement with the Defendant on high frequency alcohol, etc. (hereinafter “instant machinery, etc.”) (hereinafter “instant lease agreement”). The main contents of the agreement are as follows.

1) Loans under a contract made on September 21, 2012: The interest rate of KRW 117,00,000: 24% overdue interest rate: 24% overdue interest rate: the date on which the loan was made on September 21, 2012 for the loan term of KRW 48 months: One or more times 48 months, and 2,91,540 on September 26, 2012: The loan made on September 26, 2012: 70,000 overdue interest rate of KRW 9.2%: 24% overdue interest rate of KRW 9.2%: Medical association name for the medical purpose - the expiration date of the repayment period of KRW 10,00 for the loan term of KRW 2,91,540 on September 26, 2016: The expiration date of the repayment period of KRW 10,000 on October 24, 2012.

After paying the lease fee by November 5, 2013, the Defendant did not pay the lease fee from November 6, 2013, and possessed the instant machinery as of the date of closing argument in the instant case.

C. As of January 30, 2015, the details of unpaid rent under the instant lease agreement are the principal amount of KRW 142,235,545, interest and other expenses 36,222,720.

According to the basic terms and conditions of credit transaction of the instant lease agreement, if the monthly rent has been delayed at least twice a month, the Defendant shall immediately lose the interest of all obligations to the Plaintiff and shall be fully paid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the Defendant lost the benefit of time due to the Defendant’s failure to pay the lease fees after November 5, 2013. Thus, the Defendant is stipulated in the instant lease agreement as to the Plaintiff the sum of the principal and interest of the unpaid lease fees (136,032,145 won and interest and other expenses 16,114,582 won) and the principal amount of KRW 136,032,145 from February 6, 2015 to the date of full payment.

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