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(영문) 서울중앙지방법원 2018.07.12 2017나68068

손해배상(기)

Text

1. Upon a claim for change in exchange at the trial, the defendant shall set forth the attached list in the plaintiff.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is a company leasing facilities, etc. B is a person who has engaged in gold, parts processing, and sporesing type business with the trade name called "C," and the Defendant is a person who designs and produces plastic goods in the trade name of "D."

B. (1) In around 2012, the Plaintiff entered into a lease agreement with B on the instant machinery at KRW 165 million, and the Plaintiff acquired ownership in full. (2) After selling the instant machinery, the Plaintiff agreed with B on May 28, 2015 that the lease amount of KRW 94 million for the instant machinery, KRW 36 months for the lease period, KRW 2,153,432 for the lease period, KRW 2,153,432 for the first day of the first payment, July 1, 2015, the applicable interest rate of KRW 6.2% per annum, and the overdue interest rate of KRW 25% for the first day of the first payment (hereinafter “the instant lease agreement”).

C. The Defendant lent KRW 170 million to B from November 10, 2015 to April 20, 2016. B, on April 20, 2016, the Defendant decided to pay the Defendant the said KRW 170 million to the Defendant on June 15, 2016, and issued a certificate of borrowing that there is no objection even if it was immediately subject to compulsory execution. 2) The Defendant additionally lent KRW 14 million to B on June 2, 2016.

B At the time, B issued to the Defendant a letter of undertaking that “I will transfer the manufacturing facility at the time of the termination of the transaction if I would not pay the above loan amount of KRW 184 million.” (hereinafter “instant letter of undertaking”).

3) As the Defendant failed to repay the above loan, around July 2016, the Defendant brought the instant machine. D. B and the Defendant brought the instant machine to around July 2016. The Plaintiff kept the instant machine owned by the Plaintiff pursuant to the instant lease contract.