(영문) 서울중앙지방법원 2015.12.04 2015가단5065328

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.12.04 2015가단5065328

리스료 등 청구의 소

Text

1. The Plaintiff:

A. Defendant B and D are jointly and severally and severally liable for KRW 106,703,547 and their amount from March 5, 2015.

Reasons

1. The summary of the instant case is the case where the Plaintiff terminated the lease agreement concluded with Defendant B (hereinafter “B”) under the joint and several guarantee of Defendant D, and sought a reimbursement of overdue rent, etc. against the said Defendants, and seeks delivery against the Defendant C, who occupies the leased article with Defendant B.

2. On July 2, 2014, the Plaintiff entered into a lease agreement with Defendant B on each of the items listed in the separate sheet (hereinafter “each of the instant items”). Defendant D, under the lease agreement, jointly and severally guaranteed the Defendant B’s obligation of KRW 25% per annum of KRW 4-39 months per annum of KRW 3,145 per annum of KRW 25% per annum of KRW 3,106,140 per annum per month for the overdue interest rate for the lease of each of the items listed in the separate sheet, 39 months from July 2, 2014, when concluding the lease agreement with the Plaintiff.

Article 9 (Amount of Delay Damages)

1. If B (Defendant B) delays the payment of rent, stipulated loss, or the performance of any obligation under this contract, he shall pay damages for delay in accordance with the interest rate specified in the detailed statement for the delayed period;

Provided, That the rate of damages for delay may be adjusted upward due to changes in the market interest rate, and it may be adjusted by the choice of the plaintiff (Plaintiff) without giving written notice to the plaintiff (Plaintiff).

Article 10 (Ownership of Things) 1.B is limited to the right to possess and use an article under this contract during the lease period, and in no case the ownership and other rights to an article shall be transferred to B.

2. B shall cooperate so that a mark indicating that goods are owned by A may be attached thereto under the Specialized Credit Financial Business Act as soon as they have been delivered with any goods, and this mark shall not be arbitrarily damaged, removed, modified the details or location of the attachment until all obligations under this contract are repaid in full;

Article 20 (Termination of Contract) Any of the following shall be incurred to B:

참조조문

-여신전문금융업법

유사 판례

-서울중앙지방법원 2015.05.20 2014가합50697

-서울중앙지방법원 2016.02.04 2015가단130524

-서울중앙지방법원 2016.02.04 2015가단191970

-서울중앙지방법원 2015.08.12 2015가합504511

-창원지방법원 마산지원 2018.05.29 2016가단11779