(영문) 서울중앙지방법원 2015.09.15 2015가단23442

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(영문) 서울중앙지방법원 2015.09.15 2015가단23442

약정금

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1. The defendant shall pay to the plaintiff the amount of KRW 69,960,117 and KRW 59,259,467 among them, from January 28, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. On May 28, 2014, B: (a) machinery listed in the separate sheet owned by the Defendant (hereinafter “instant machinery”)

In order to use the instant machinery, the Plaintiff and the instant machinery entered into a lease agreement with the rate of 15,600,000 won for lease deposit, monthly lease fee of 2,012,134 won, lease period of 36 months, overdue interest rate of 25% per annum (hereinafter “instant lease agreement”).

(2) Meanwhile, the Plaintiff purchased the instant machinery from the Defendant, and concluded a repurchase agreement with the Defendant on May 28, 2014 as follows.

① The Defendant shall guarantee the Plaintiff’s payment of damages and repurchase the instant machinery when the instant lease contract is terminated in violation of the instant lease contract.

② If the Plaintiff claims the Defendant for the payment of the re-purchase price and the payment date, the Defendant shall pay the Plaintiff the re-purchase price and recover the instant machine from B.

3) However, as the Plaintiff did not perform its obligations under the instant lease agreement, the Plaintiff terminated the instant lease agreement and notified the Defendant of the re-purchase on October 7, 2014. 4) As of January 27, 2015, the amount of losses, including the unpaid principal under the instant lease agreement, KRW 66,849,456, and the overdue principal, KRW 8,010,01, and the late payment and provisional payment, is KRW 85,560,117.

[Ground of recognition] Evidence No. 1, A2, A3, A6, A7, and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum from January 28, 2015 to the date of full payment as to the amount of 69,259,467 won of the principal (=6,849,456 won of the outstanding principal) and the amount of 59,259,467 won of the outstanding principal (15,60,000 won of the outstanding principal) (25% per annum from January 28, 2015 to the date of full payment).

2. According to the conclusion, the plaintiff's claim of this case is accepted for reasons.

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