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(영문) 서울중앙지방법원 2017.08.22 2017가단3602
사용료 등
Text

1. The Plaintiff:

A. As to KRW 139,958,720 and KRW 86,849,539 among them, Defendant A Co., Ltd., from December 27, 2014.

Reasons

1. Facts of recognition;

A. On May 15, 2008, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the vehicle owned by the Plaintiff, and G jointly and severally guaranteed the Defendant Co., Ltd.’s obligations under the said lease agreement.

B. The lease agreement as seen earlier was terminated on December 26, 2014 as the delayed payment of the lease fee. On December 26, 2014, the settlement amount for termination of the contract as of December 26, 2014 is KRW 139,958,720, and the principal is KRW 86,849,536, and the agreed delay damages rate under the lease agreement is KRW 24% per annum.

C. On the other hand, G died on April 17, 2012, and his/her spouse or children succeeded to G’s property according to statutory inheritance shares. The specific content is as stated in the attached inheritance relationship, and the designated successor F, H, I, J, K, M, N, N, P, P, R, R, and T were qualified.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 1 (including additional number), the purport of the whole pleadings

2. According to the facts found earlier, as to the Plaintiff, the Defendant Company shall pay damages for delay calculated at the rate of 24% per annum from December 27, 2014 to the date of full payment with regard to KRW 139,958,720 of the above termination settlement amount and KRW 86,849,539 of the principal amount, as to KRW 86,849,539 of the above termination settlement amount, and the amount of damages for delay calculated at the rate of 24% per annum from December 27, 2014 to the date of full payment; KRW 7,75,484 of the amount to the Defendant Company jointly and severally with the Defendant Company (the aforementioned amount shall be KRW 139,958,720 of the total inheritance shares; KRW 3/54,974 (the above amount shall be less than KRW 3/54,000 of the total inheritance shares; KRW 249,539,539 of the total inheritance shares) to the Defendant Company; KRW 1636.245,56.24.

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