정산금 청구
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 21, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to the electric-type investment scheme set forth in the electric-type investment scheme set forth in C company D, with the purchase price of KRW 160,00,000,00, and with the lease period of KRW 36 months from the date the certificate of receipt of the goods was issued, and with the monthly rent of KRW 4,061,630 (hereinafter “instant lease agreement”). On the same day, the Defendant agreed to re-purchase the instant lease agreement if the instant lease agreement is terminated due to the Plaintiff’s failure to perform its obligation under the instant lease agreement.
B. On August 25, 2015, E Co., Ltd., a corporate entrepreneur D, reselled the said set at KRW 90,000,00 with F on August 25, 2015 at the Plaintiff’s request.
C. The instant lease agreement was terminated on June 15, 2016 because the Plaintiff did not pay monthly rent of KRW 48,739,560 after the 12-minutes lease. In accordance with Article 6(2) of the Re-Purchase Agreement, the Defendant received KRW 39,325,000 and the overdue lease fee of KRW 56,862,82,820 as the remainder calculated by deducting the deposit from the stipulated loss as of the date of termination from E on the same day pursuant to Article 6(2) of the Re-Purchase Agreement.
[Reasons for Recognition] Evidence No. 4-3, Evidence No. 8, 10, and Evidence No. 5 and No. 9
2. In the event that the Plaintiff’s assertion is completed normally, the Defendant received KRW 32,00,000, and KRW 178,218,680 in total, including deposit KRW 32,00,00 in total, KRW 146,218,680 in 36 lease fees, and KRW 71,325,00 in prescribed loss amount, and KRW 208,927,380 in total, and KRW 208,70 in total, and KRW 308,70 in excess of KRW 30,708,70 in return for the Defendant’s resale of one set, and the above deposit should be refunded from the early termination fee.
3. According to the statement on the deposit sheet (Evidence No. 4-3) in the judgment, the Defendant from the Plaintiff on June 15, 2016.