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1. The defendant shall pay 172,235,511 won to the plaintiff and 12% per annum from September 10, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. On February 27, 2013, the Defendant changed the trade name to D Co., Ltd. (E Co., Ltd. on March 27, 2015; hereinafter referred to as “D, regardless of whether it was before or after the change; hereinafter referred to as “D”), purchased sirens from D Co., Ltd. (hereinafter referred to as “instant machinery”), from February 27, 2013 to February 26, 2016, from February 27, 2013 to February 26, 2016, and concluded an agreement with D Co., Ltd. (hereinafter referred to as “D”), to purchase the instant machinery from D Co., Ltd. (hereinafter referred to as “the instant machinery”), and to pay rental fees, the first day of each month, 8,800, and 225,000,000,000 per annum, and paid rental fees to D Co., Ltd. (hereinafter referred to as “F only”).
Since February 27, 2013, C, the guarantee period of the same day, from February 27, 2013 to six months after the expiration of the rental period or after the return of rental goods, and the guarantee amount of 585,00,000 won, was set as 585,00 won, and the Defendant’s debt under the relevant rental contract against D was jointly and severally guaranteed.
Since then, the Defendant and D concluded a modified contract with the content that they did not have a siren deposit among the terms of the said rental contract, changing the payment date of the rental fee to the fifth day of each month, and reducing the monthly rental fee to KRW 8,074,093 (hereinafter collectively referred to as the “instant rental contract”). At the time of the said modified contract, the remaining rental fee was KRW 224,851,929.
Article 2 (Subject Matter of Purchase) The subject matter of repurchase refers to a rental (e.g., a rental contract) entered into between D and the Defendant, and the details of rentals shall be as attached.
Article 3 (Grounds for Re-Purchase) F shall repurchase the relevant sirens from D in accordance with Article 4 (Re-Purchase Method and Price, etc.) if the reason for termination of the contract under the facility leasing contract concluded between D and the defendant has occurred and the termination of the contract.
Article 4 (Re-Purchase Method, Price, etc.) ① Where a siren contract is terminated under Article 3 (Grounds for Re-Purchase), F shall be D.