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(영문) 서울중앙지방법원 2017.09.08 2016가단5267039

사용료

Text

1. The Plaintiff:

A. Defendants are jointly and severally liable for 47,342,434 won and 46,674,132 won among them. From November 1, 2016 to 46,674,132 won.

Reasons

1. Facts of recognition;

A. On January 19, 2016, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with Defendant medical corporation A (hereinafter “Defendant medical corporation”), setting the lease term of 48 months, acquisition cost of 50,100,000 won, lease fee of 1,763,200 won, and overdue interest rate of 25% with respect to the three premises on the electronic market (hereinafter “the instant leased object”). Defendant B jointly and severally guaranteed the Plaintiff’s obligation to pay the lease fee to the Plaintiff of the Defendant medical corporation, and on the same day, delivered the instant leased object upon receiving a request from D to place an order.

The contents of the instant lease agreement relating to the instant case are as follows.

Article 10 (Ownership of Things) The defendant corporation is limited to the right to use an article under this contract during the lease period, and in any case the ownership and other rights to the article shall not be assigned to the defendant.

SECTION 20 (Termination of this Agreement) When obligations under this Agreement or any other contract entered into with the Plaintiff are not performed at the due date, or management has considerably deteriorated, or when there are reasonable grounds to believe that it is impossible to perform obligations due to difficulties in maintaining normal business activities, this Agreement may be terminated.

Article 21 (Measures at the Time of Occurrence of Grounds for Termination of Contract) In the event of the occurrence of grounds for termination of the contract, the plaintiff may take measures, such as the claim for the return of the goods and the disposition thereof, regardless

B. On January 19, 2016, Defendant C agreed to re-purchase the instant leased goods by paying the remaining principal and transitional period as of the earlier termination date of the instant lease agreement to the Plaintiff when the Defendant Company, a lessee, failed to perform its obligation under the instant lease agreement, or when grounds for termination of the contract arise due to the suspension of business, etc.

(hereinafter referred to as "the re-purchase agreement of this case"). (c)

Defendant.