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(영문) 서울중앙지방법원 2018.03.16 2017가단5058157
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 29,114,36 won and 23% per annum from April 16, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On January 4, 2008, Lone Star Lease Co., Ltd. (hereinafter “Plaintiff”) entered into a comprehensive agreement with the Defendant Company (former trade name: C) on January 4, 2008 with a lessee who uses the Plaintiff’s lease financing in order to promote the sale of medical appliances, etc. produced and sold by the Defendant Company. Defendant B jointly and severally guaranteed the obligation of the Defendant Company under the said agreement with the Plaintiff.

B. The main contents of the blanket arrangement are as follows:

Article 11 (Re-Purchase of Lease Articles) Where a lessee terminates a lease agreement under Article 20 of the lease agreement entered into between the Plaintiff and the lessee, or the lessee fails to pay the lease fees for at least 90 days consecutively or on the basis of the number of overdue days, etc., the Defendant Company shall re-purchase the leased property from the Plaintiff as stipulated in Article 12.

Article 12 (Method, Amount and Conditions of Repurchasing)

1. Where a lease contract is terminated, the Defendant Company shall pay the Plaintiff the re-purchase price within 30 days from the date of termination of the lease contract at the Plaintiff’s request for re-purchase, and recover the leased property from the lessee.

Provided, That where it is inevitable for the safety of leased articles, the defendant company may recover the leased articles in advance with the approval of the plaintiff, the owner of the leased articles, even before paying the purchase price, and keep them in safe place, and the plaintiff shall cooperate with the defendant company, if necessary in relation to the recovery of the leased articles.

2. 1) Interest on the cost for acquisition of unre-purchaseed cost as of the date of termination of the lease agreement; 2) the overdue lease fee from the date of termination to the date of termination of the lease agreement to the date of termination of the contract; and the delayed compensation (23% per annum) the lessee shall pay to the Plaintiff with regard to the third lease agreement.

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