A. On January 2, 2015, the Plaintiff entered into a lease agreement (a contract number B, hereinafter “the lease agreement of this case”) with EFY Co., Ltd., Ltd. (hereinafter “EF”), with the Plaintiff as lessee, Nonparty Co., Ltd., and the Defendant as the supplier. The Plaintiff purchased and delivered the leased article of this case to Nonparty Co., Ltd. (hereinafter “the lease agreement of this case”). The Plaintiff purchased the leased article of this case from Nonparty Co., Ltd. and delivered it to Nonparty Co., Ltd. (hereinafter “the lease agreement of this case”).

B. On January 2, 2015, the Plaintiff entered into a repurchase agreement with the Defendant to repurchase the leased article (hereinafter “instant repurchase agreement”) with the effect that the Defendant would repurchase the leased article (hereinafter “instant repurchase agreement”) where the lease agreement is terminated due to default of lease fees, etc. by the Defendant and Nonparty Company. The main contents are as follows.

Article 3 (Re-Purchase of Lease Articles) Where a lease contract is terminated due to a cause for termination of a lease contract under Article 20 of the lease contract entered into between the Plaintiff and the lessee, or the lessee fails to pay the lease fees for at least 90 days on three consecutive occasions or on the basis of the number of overdue days, etc., the Defendant shall re-purchase the leased property from the Plaintiff as stipulated in Article 4.

Article 4 (Methods, Amount, and Conditions of Purchasing) 4.1 When a lease contract is terminated, the Defendant shall pay the Plaintiff the repurchase price within 60 days from the date of termination of the lease contract, regardless of whether or not to recover the leased property, at the request of the Plaintiff, and recover the leased property from the lessee.

Provided, That where it is inevitable for the safety of leased property, the defendant shall recover the leased property in advance with the approval of the plaintiff who is the owner of the leased property even before paying the purchase price.