보증채무금
1. The defendant takes over the ownership of the goods stated in the attached sheet from the plaintiff at the same time, and simultaneously with the plaintiff 17,449.
1. Following the facts of recognition are recognized by the parties or by the purport of Gap evidence Nos. 1 to 8 as a whole.
A. On October 30, 2018, the Plaintiff entered into a lease agreement with the D Hospital (hereinafter “D hospital”) on the items stated in the separate sheet for the attached sheet with the Plaintiff at KRW 186 million, monthly rent of KRW 5709,200, annual interest rate of arrears, 9.6% per annum, and lease period of 36 months (hereinafter “the lease agreement of this case”). On the same day, the Plaintiff entered into a re-purchase agreement with the Defendant, the supplier of the goods of this case (hereinafter “the re-purchase agreement of this case”), and according to the said re-purchase agreement, if the lease agreement of this case is terminated, the Defendant shall pay the purchase price, including the remaining principal, interest, delay damages, etc. at the time of termination of the lease agreement, to the Plaintiff within 60 days from the termination date of the re-purchase agreement, and if the purchase price is delayed, the Defendant shall pay damages in addition to 24% per annum.
B. According to Article 8(1) subparag. 3 of the Terms and Conditions of Credit Transactions applicable to the instant lease agreement, if a lessee files an application for commencement of rehabilitation proceedings, the lessee would lose the benefit of time immediately. The Plaintiff terminated the lease agreement on the ground of the application for commencement of rehabilitation proceedings of D hospital, and around November 6, 2019, the instant lease agreement was terminated.
(c)
As of the time of termination of the lease contract of this case, the purchase price to be paid by the Defendant to the Plaintiff is KRW 117,449,206.
2. According to the allegations and the above-mentioned facts, the defendant is obligated to pay to the plaintiff 117,449,206 won and the damages for delay calculated at the rate of 24% per annum from the day after 60 days elapse from the termination date of the lease contract of this case to the day after complete payment, barring any special circumstances.
In this regard, the defendant asserts that the non-payment of the purchase price should be made simultaneously with the transfer of ownership of the leased property of the plaintiff.
In the instant case, spam, etc.