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(영문) 서울중앙지방법원 2015.08.20 2015가합2633
리스사용료등
Text

1. The Defendant shall pay to the Plaintiff KRW 116,760,678 and the interest rate of KRW 25% per annum from July 3, 2015 to the day of complete payment.

Reasons

1. A lease company duly recognized as a lessee: A lease company: A lease period of KRW 300 million for multiple mining centers (a model name BM-16Y): A lease period of KRW 36 million: A lease period of KRW 7,840,492: A lease period of KRW 36 months: A lease period of KRW 7,840,492: A delay delay interest rate of KRW 25% per annum: A related matters of this case (Article 20(5) of the contract)

A. On December 14, 201, the Plaintiff entered into a lease agreement with B (hereinafter “instant lease agreement”) with the following terms and conditions, and delivered the leased object to B.

B. On January 31, 2012, the Plaintiff entered into a lease agreement with the Defendant, who is the supplier of the foregoing leased object, with the Plaintiff of the leased object, to re-purchase the leased object pursuant to Article 2 of this Arrangement, if the cause for the re-purchase of the leased object occurred as follows:

Article 3 (Re-Purchase of Lease Articles) 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 overdue days, etc., the Defendant shall re-purchase the leased property from the Plaintiff as stipulated in Article 4.

Provided, That where the leased object does not exist due to theft, etc., it shall be deemed that there is no obligation to repurchase it.

Article 4 (Methods, Amount, and Conditions of Purchasing) 4.1 When a lease contract is terminated, the defendant shall pay the amount of repurchase to the plaintiff within 60 days from the date of termination of the lease contract, regardless of whether the leased article is recovered, at the request of the plaintiff for re-purchase.

(hereinafter 4.2. Re-purchases are as follows: (1), (2), (3) and (4).

(1) The outstanding principal as of the date of termination of the lease contract shall have a contract bond.

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