(영문) 서울중앙지방법원 2018.09.13 2017가합568069

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(영문) 서울중앙지방법원 2018.09.13 2017가합568069

기타(금전)

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1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 126,200,847 and the same from June 15, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company aimed at all the business affairs related to the credit specialized industry, and Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company with the purpose of its golf course operation business, etc., and Defendant B is the representative of the Defendant Company.

B. On March 3, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Company, setting the acquisition cost of KRW 308,00,000 for each of the items listed in the separate sheet (hereinafter “instant lease”) as KRW 61,60,00 for the contract deposit, KRW 36 months for the lease, monthly lease fee of KRW 7,901,934 for the lease, and KRW 25% per annum for delay damages. Around that time, the Plaintiff delivered the instant lease agreement to the Defendant Company.

C. Defendant B guaranteed all the Defendant Company’s obligations to the Plaintiff under the instant lease agreement.

The main contents of the instant lease agreement are as follows.

Article 10 Ownership of Goods

1. The defendant company only has the right to possess and use an article under this contract during the lease period, and in any case does not transfer the ownership and other rights to an article to the defendant company.

Where any of the following provisions of Article 20 termination of the contract occurs to the defendant company, the plaintiff shall notify the defendant company of the correction of the violation within a reasonable period specified, and if the defendant company fails to correct the violation within such period, the defendant company shall lose the benefit of time, and the plaintiff may terminate the contract.

However, this contract may be terminated without a peremptory notice, if it is impossible to correct in light of the nature of the matter.

5. If the performance of any obligation under this contract or any other contract entered into with the Plaintiff is not due or has violated the provisions governing any important prohibited act under the contract, the return of the article mentioned in Article 25;

1. When the lease contract is terminated or this contract is terminated, and the plaintiff claims the return of the goods, the defendant.

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