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1. The Defendant shall pay to the Plaintiff KRW 220,477,859 as well as KRW 197,859,360 as to the Plaintiff from October 16, 2014 to the day of full payment.
Reasons
1. On January 24, 2014, the Plaintiff entered into a lease agreement (contract number : C) with respect to one vertical line as the acquisition cost of KRW 300 million, KRW 48 months from the date of issuance of the certificate of receipt of the goods for the lease period, KRW 90,00,000, lease deposit amount of KRW 5,468,00 (48), annual interest rate of KRW 6.5%, annual interest rate of KRW 6.5%, annual interest rate of KRW 25%.
The Defendant entered into a repurchase agreement with the Plaintiff on the same day with the content that if the said lease agreement is terminated halfway on the grounds that the said lease agreement is overdue, etc., the Plaintiff would request the Plaintiff to repurchase the leased article by stating the purchase price, and pay the Plaintiff the repurchase price within 30 days from the date of such request.
However, the repurchase price was determined as the amount of the stipulated loss under the above lease contract.
B lost the benefit of time due to the delinquency of the above lease fee, and on August 20, 2014, the Plaintiff requested the Defendant to re-purchase the amount equivalent to the above provision loss amount.
On October 15, 2014, the amount of the stipulated loss under the above lease agreement as of October 15, 2014 is KRW 220,47,859 (i.e., the unpaid principal KRW 268,187,490 for delay damages of KRW 196,232 for delay damages of KRW 196,232 for delay damages of KRW 8,440,00 for delay interest of KRW 3,02,737 for delay interest of KRW 477,594 for delay interest of KRW 18,941,936 - advance payment commission of KRW 78,768,13
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (each number omitted), the purport of the whole pleadings
2. Comprehensively taking account of the determination and the above-mentioned facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated by an agreement of 25% per annum from October 16, 2014 to the day of full payment with respect to the unpaid principal of KRW 268,187,49,360 (i.e., overdue principal of KRW 268,187,490 (i.e., overdue principal of KRW 8,440,000) - interest rate of KRW 78,768,130).
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.