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1. The defendant shall pay to the plaintiff the amount of KRW 54,614,023 and KRW 37,244,841 from June 23, 2017 to the day of full payment.
Reasons
1. Basic facts
A. On January 23, 2014, A entered into a lease agreement with the Plaintiff (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff on the lease term of 48 months, the acquisition cost of the lease term of 50,160,000 won, the Defendant (former: two original Korea Co., Ltd.), the supplier of the lease amount of 1,047,084 won per annum, and the delay damages amount of 25% per annum, and the said lease agreement was delivered to A.
B. The Defendant concluded a repurchase agreement between the Plaintiff and the Plaintiff on the same day with the following content.
Article 3 (Re-Purchase of Lease Articles) In cases where a lease contract is terminated due to a cause for termination of a lease contract under Article 20 of the lease contract entered into between the Plaintiff and the lessee, or the lessee fails to pay the lease fees for at least 90 days on three consecutive occasions or on the basis of the number of days in arrears, etc., in cases of an application for rehabilitation, corporate rehabilitation or composition, the Defendant shall re-enter the leased property from the Plaintiff as provided for in Article 4.
Article 4 (Methods, Amount, and Conditions of Purchasing) 4.1 When a lease contract is terminated, the Defendant shall pay the Plaintiff the repurchase price within 60 days from the date of termination of the lease contract, regardless of whether or not to recover the leased property, at the request of the Plaintiff, and recover the leased property from the lessee.
4.2Re-purchases shall be the sum of: (1), (2), (3) and (4) below:
① 100% of the unpaid principal as of the termination date of the lease agreement and the expiration date: ② the overdue lease fee and its delay damages, etc. ③ the legal measure cost and its delay damages, etc. ④ the above (1), (2), (3) the total sum of damages for delay from the termination date to the payment date of the repurchase price; and (3) the delay damages for delay under the above lease agreement are applied.
4.3. When the Defendant pays re-purchases after the lapse of the time limit for payment under Section 4.1, it is actually from the date of payment.