(영문) 창원지방법원 2015.04.30 2014가합6060

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(영문) 창원지방법원 2015.04.30 2014가합6060

대여금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 173,151,09 and the interest rate thereon from March 12, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that performs installment financing business, etc., and the Defendant A (hereinafter “Defendant A”) is a company that aims at manufacturing industrial machinery, etc., and the Defendant B is the representative director of the Defendant A.

B. The Plaintiff entered into the instant lease agreement with Defendant A as indicated in the following table (hereinafter “instant lease agreement”). Defendant B, at the time, entered into a contract with the Plaintiff to jointly and severally guarantee the Defendant A’s debt regarding the instant lease agreement (hereinafter “instant joint and several guarantee”).

On April 30, 2012, 2012, contract number C Razer cut (manufacturing: ML6025-40303) on April 30, 2012, 170,000 acquisition cost of KRW 3,869,390 (one to 36 times) overdue interest rate of KRW 3,869,390 (one to 36 months) during the lease period from April 30, 2012 to April 30, 2015 (36 months).

C. According to the lease contract of this case, when Defendant A delays the payment of the rent, the Plaintiff notified the Defendant A to pay the rent for a fixed period, and the Plaintiff may terminate the lease contract if the Defendant A fails to pay the rent within the fixed period. ② When the lease contract is terminated, the Defendant A shall pay the stipulated loss amount under the lease contract. ③ The stipulated loss amount is the sum of the interest on the unpaid principal as of the date of termination of the lease contract of this case and the amount equivalent to 2% of the unpaid principal and the amount of the unpaid principal from the due date of the lease immediately before the termination to the due date of the lease contract of this case, and the amount calculated by adding the overdue lease fee, overdue interest, and expenses incurred by the Plaintiff to preserve or exercise the claims and rights under the lease contract of this case. ⑤ In the event the lease contract of this case is terminated, the Plaintiff may claim the return of the goods, respectively.

Defendant A entered into the instant lease agreement.

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