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1. The Defendant’s KRW 287,744,307 as well as 6% per annum from June 27, 2013 to December 16, 2015 to the Plaintiff.
Reasons
1. Presumed factual basis
A. On May 2012, the Defendant entered into a lease agreement between Korea Capital Capital and the Defendant (hereinafter “instant lease agreement”) with the Korea Capital Capital Co., Ltd. (hereinafter “Korea Capital”) under which the Korea Capital Co., Ltd. purchased the goods listed in the separate sheet (hereinafter “instant machinery”) from B and the Defendant agreed to lease KRW 48 months and the lease fee of KRW 12,638,000 per month (hereinafter “instant lease agreement”). At the time, the Defendant agreed that the ownership shall be transferred to the Defendant if the Defendant fully pays the lease fee.
B. The lease contract between the Plaintiff and the Defendant and the sales contract between the Plaintiff and the Defendant 1) The Defendant, under the instant first lease contract, was paying the lease fee to the Dog Capital, and the Defendant actually operated the said B (hereinafter “C”).
B) On June 27, 2013, the Plaintiff purchased the instant machinery from the Defendant and leases C amounting to KRW 48 months of lease period, KRW 300,000,000 per month of lease fees, and KRW 10,720,80 per month (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).
(2) On June 27, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase the instant machinery at KRW 700,000,00 (hereinafter “instant sales contract”) with the seller, the buyer, and the lessee C to lease the instant machinery as above. In addition, the Plaintiff entered into a sales contract with the Defendant to purchase the instant machinery from the Defendant (hereinafter “instant sales contract”).
According to the instant sales contract, the Defendant confirmed that C received KRW 300,000,000 from C as down payment, and the Plaintiff paid KRW 400,000,000 calculated by subtracting KRW 300,000,000 which C paid to the Defendant from the mechanical price of the instant case (=700,000,000 - KRW 300,000,000) to the Defendant, and C paid the Defendant.