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(영문) 서울동부지방법원 2017.05.19 2015가합5901
구상금
Text

1. The Defendant’s KRW 476,167,751 as well as the Plaintiff’s annual rate of 5% from June 15, 2016 to May 19, 2017.

Reasons

1. Basic facts

A. On May 20, 2014, the non-SP Capital Co., Ltd. (hereinafter “non-SPPPPP”) concluded a lease agreement with B (hereinafter “B”) on the lighting equipment supplied by the Plaintiff (hereinafter “instant lease agreement”) between the non-SPPPPPPP and the non-SPPPPPPPP (hereinafter “B”), and the Defendant, a major shareholder of B, as at the time of the instant lease agreement, jointly and severally guaranteed the debt of B under the instant lease agreement.

B. On May 23, 2014, the Plaintiff entered into an agreement on the repurchase of the instant leased equipment (hereinafter “instant re-purchase agreement”) with the non-SP Capital to repurchase the instant leased equipment at 101% of the recovered principal as of the date of termination of the instant lease agreement, if the instant lease agreement is terminated even during the middle of the lease agreement.

C. Since August 5, 2014 to May 31, 2016, the Plaintiff paid the lease fee of KRW 849,972,151 in lieu of B (hereinafter “the lease fee of this case”).

The final payment period of the lease fee of this case is April 20, 2016.

C (hereinafter referred to as “C”) merged B on June 13, 2014, and concluded an agreement on August 21, 2014 that “C shall, instead of receiving KRW 1 billion from cans lighting, grant the right to use the instant lease equipment and the ownership of the cans lighting, repay the full amount of the instant lease fees to non-Si Capital, and reimburse the Plaintiff for the amount of KRW 48,99,114, and deposit KRW 1780,000,000,000 (hereinafter referred to as “instant agreement”).

E. The merger between C and B became null and void as the judgment invalidating merger became final and conclusive on January 29, 2015.

[Reasons for Recognition] A. A. 1 to 5, 8, 9, 13.

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