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(영문) 서울중앙지방법원 2018.10.02 2018가단35484

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 137,43,852 as well as KRW 133,00,000 among them, from June 1, 2018 to the day of full payment.

Reasons

1. In fact, the following facts do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1-6.

On March 6, 2018, the Plaintiff concluded a lease agreement with a stock company B (hereinafter referred to as “foreign company”) on the following terms:

(hereinafter referred to as “the lease agreement of this case”) . 1) Lease: Press 5 (hereinafter referred to as “the lease of this case”).

A, the supplier: A (the defendant).

A) The location of installation: 13,00,000 won in Daegu Northern-gu, Daegu Northern-gu, 133,000,000 won in terms of lease period: 51 months in terms of lease period: 1~3,665,00 won in terms of lease period: 4-5,00 won in each time, 3,123,508 won in each time, 3,123,508 won in overdue interest rate: 24% in each year) Article 20 of the lease contract in this case provides that the Plaintiff may terminate the contract without the peremptory notice in the event that

1) Article 3 (Confirmation of Re-Purchase Obligations and Re-Purchase Requests) A (Plaintiff).

hereinafter the same shall apply.

) Byung (the company is a company outside Korea).

hereinafter the same shall apply.

(ii) If the lease agreement entered into with the former is terminated because it falls under Article 20 (Termination of the Contract) of the Lease Agreement (including any case in which the termination of the lease agreement, such as invalidation and cancellation thereof, is earlier terminated), the request for repurchase of the leased object B (the Defendant).

hereinafter the same shall apply.

2) Article 4 (Method, Amount, and Conditions of Re-Purchase) (2).

1. At the time of sending a letter of request for repurchase, A shall request B to specify the date of payment of the repurchase price and the repurchase price, and B shall pay the repurchase price to B on the corresponding date and recover the lease property from C.

2. The re-purchase price under Paragraph 1 of this Article is an amount calculated by adding an amount equivalent to 2% of the interest on the cost for acquisition without collection from the expiry date of the lease agreement to the termination date of the lease agreement, and the cost for acquisition without collection and acquisition (Provided, That Byung after the termination of the lease period is an object).