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(영문) 서울중앙지방법원 2015.09.17 2015가합7256
리스료
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 137,290,915 and KRW 123,968,076.

Reasons

1. Basic facts

A. On November 8, 2012, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the terms and conditions as follows (hereinafter “instant lease agreement”). On November 8, 2012, the Plaintiff jointly and severally guaranteed the Defendant Co., Ltd.’s obligation owed by the Defendant Co., Ltd to the Plaintiff under the instant lease agreement by setting the lease fee of KRW 216,67 won per month, KRW 4,097,041 per annum, and KRW 25% per annum from KRW 4,097,041.

Article 9(1)(1) If the payment of lease fees or agreed losses, or any other obligation under this contract is delayed, Eul shall pay damages for delay in accordance with the interest rate referred to in Gap and Eul to the extent permitted by the Act.

The damages for delay shall be calculated immediately from the date of delay.

Article 22. (1) The amount of the stipulated loss after the commencement of lease shall be the sum of the unpaid principal, 10% of the unpaid principal, overdue lease, substitute payment, and delay damages.

B. However, the Defendant Company paid only up to 21 times the lease fees stipulated in the instant lease agreement, and did not pay the lease fees thereafter. On November 12, 2014, the Plaintiff notified the Defendant Company of the termination of the instant lease agreement on the ground that the Defendant Company failed to perform its obligation to pay the lease fees on December 23, 2014.

C. As of June 5, 2015, the Plaintiff’s claim amount based on the instant lease agreement with the Defendant Company is KRW 137,290,915 (i.e., the interest interest on the principal of the lease fee and the stipulated loss amount (i.e., KRW 123,968,076), and the period of the stipulated loss amount (i.e., KRW 13,322,839).

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 6, purport of whole pleading

2. According to the above facts of determination, the defendant company and the defendant B jointly and severally share 25% per annum with respect to KRW 137,290,915 and KRW 123,968,076 from June 6, 2015 to the date of full payment.

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