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(영문) 서울중앙지방법원 2019.05.24 2017가합566261

위약금 청구

Text

1. The defendant limited liability company B is 280,00,000 won, defendant limited liability company C, limited liability company D, and limited liability company E are 70.

Reasons

1. Basic facts

A. 1) The Plaintiff is a special purpose corporation (SPC) with the purpose of leasing industrial machinery and equipment, etc., and is F Co., Ltd. (hereinafter “F”).

(BOS (hereinafter referred to as “BOS”) which sets up and cooling solar sun-lights throughout the world.

(B) The Plaintiff (hereinafter “G”) produced and sold equipment

2) The Defendants are corporations operating a solar power plant business, which purchase BOS equipment and lease it to solar power plants. 2) The Defendants are special-purpose corporations established by H to run a solar power plant business in each region across the country.

B. On December 1, 2016, the Plaintiff entered into the instant lease agreement with the Defendants, and the Plaintiff leased the said BOS equipment (hereinafter “instant product”) to the Defendants, and entered into each of the instant lease agreements with the operating company G (hereinafter “instant lease agreement”).

The contents of the instant lease agreement pertaining to the instant case are as follows.

Article 3 (Term of Lease) (1) The term of lease under this contract shall be six years from the date the main equipment is installed in the power generation business place (referring to the date the operation commences after notification to the business owner after completion of construction).

Article 14 (Indemnification) (6) Where the principal contract within the term of lease is terminated or terminated after the conclusion of the contract due to any cause of the lessee, the lessee shall compensate the lessor for the penalty with a penalty calculated by adding an additional amount by 50 percent of the value of the first supply of facilities to the first supply of the object of lease to the value of the leased object,

(7) The amount and timing for payment of compensation under this Article shall be separately determined by consultation between a lessor and a lessee, irrespective of the calculation and payment of rent, and when an agreement is not reached, the time for payment of compensation shall begin on the filing