A. On February 19, 2013, the Plaintiff concluded a sales contract with the Defendant to sell at KRW 100 million each movable property (hereinafter “each of the instant movable property”) other than small electric power pumps, air conditioners, and air conditioners, among each of the items indicated in the current status of possession of attached machinery and equipment (hereinafter “instant movable property”). However, the Plaintiff concluded a sales contract with the Defendant to receive KRW 20 million on February 15, 2013 and KRW 80 million on April 20, 2013 (hereinafter “instant sales contract”).

The Defendant paid 20 million won out of the purchase price to the Plaintiff.

B. As the Defendant was unable to pay the remainder of KRW 80,000 on April 20, 2013, the Plaintiff concluded a mechanical lease agreement with the Defendant on August 9, 2013 (hereinafter “instant lease agreement”). The period of lease is ten months (if no separate application is made at the expiration of the contract period, it shall be extended for one year, and the period of lease shall be extended for one year), and the monthly rent shall be KRW 2.5 million, and the monthly rent payment date shall be KRW 2.5 million.

[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence No. 1, Gap evidence No. 2, purport of whole pleadings]

2. Assertion and determination

A. Comprehensively taking into account the facts found in the Plaintiff’s assertion, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 80 million under the instant sales contract and KRW 5 million for November and December 2014 under the instant lease agreement.

B. The Defendant alleged that the instant contract was rescinded. However, according to the evidence No. 2, at the time of the instant contract, the Defendant agreed that “where the Defendant pays to the Plaintiff the remainder of KRW 80 million and the remainder of the purchase price, all the contract shall be rescinded” (in light of Article 11 of the contract, on the premise that the instant contract is valid, the instant contract is to be leased and used by the Defendant until the date on which the Defendant pays the remainder of the purchase price.