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(영문) 서울중앙지방법원 2017.10.12 2017가단5121499
규정손실금 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate of KRW 15% per annum from July 25, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 30, 1994, Lone Star Lease Co., Ltd. (Korea Lease Finance Co., Ltd. was merged with Korea Lease Co., Ltd., Ltd. on November 1, 1999, and the mutual change on March 6, 2003), concluded a facility lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) on December 30, 1994 (hereinafter “Defendant Co., Ltd”), and executed the lease as follows, and Defendant B jointly and severally guaranteed the Defendant Co., Ltd’s obligation to the Plaintiff under the foregoing lease agreement on December 30, 1994.

(1) Cost of acquisition: US$ 385,30.04 won 41,166,599 won: 48 months from the date of issuance of the certificate of receipt of the article; 【Lease charge in the month of issuance of the article: US$ 8,740.38 won 1,052,225 won

B. After that, on September 19, 1998, Lone Star Loan Co., Ltd. entered into a modified contract with the Defendant Company on the following terms and conditions, and Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the said modified contract.

(i)The acquisition cost: 392,252,777 Sheshesheshes, from September 17, 1998 to September 17, 2002, 48 months: 6 times in each month, 85, 791 won, 42 times in each month, 412, 655, 744 won and 27% in each year: 27% in each year.

C. After that, the Defendant Company terminated the lease agreement on August 6, 2001 when the Defendant Company delayed the payment of the lease fees. Accordingly, the amount of the stipulated loss amount to be paid by the Defendants was KRW 513,892,710 as of January 19, 2007.

On May 31, 2007, Lone Star Lease Co., Ltd. filed a lawsuit claiming the payment of KRW 100,000,000 (Seoul Central District Court 2007Kadan29582) out of the above statutory losses amount, and on May 31, 2007, the judgment was rendered that “the Defendant shall pay the amount of KRW 100,000,000 and the amount of money calculated at the rate of 27% per annum from January 20, 2007 to the date of full payment.”

E. On February 3, 2009, Lone Star Lease Co., Ltd. was merged with the Plaintiff and dissolved.

[Ground for Recognition]: Unsatisfy, A.

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