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(영문) 서울중앙지방법원 2015.09.09 2014가합59717
재매입대금
Text

1. The Plaintiff, Defendant A, Defendant B, Defendant B, Defendant B, and Defendant C, KRW 118,173,733, and each of the said money.

Reasons

1. Facts of recognition;

A. On April 19, 2013, the Plaintiff entered into the instant lease agreement with Non-Party Medical Corporation D (hereinafter “D”) as the lessee and the Plaintiff as the lessee. The Plaintiff entered into a lease agreement with each of the medical equipment listed in [Attachment 1 through 3] supplied by the Defendants (hereinafter “the instant lease agreement”) with the Plaintiff to lease facilities to D (hereinafter “the instant lease agreement”), and around that time, purchased the instant lease articles from the Defendants and delivered them to D.

Article 21 (Termination of Contract) (4) When any cause falling under any of the following subparagraphs occurs to a lessee, the Plaintiff may terminate this contract after notifying the lessee of the reason therefor: (a) the lessee of the overdue interest rate of KRW 12,718,102 per month during the lease period of KRW 526,00,000,000, KRW 52,600,000.

3. Where he/she violates the duty to pay lease fees, insurance premiums, etc. prescribed in this contract.

B. On April 19, 2013, when the lease contract of this case is terminated between the Defendants and the Defendants, the Plaintiff entered into a repurchase agreement with each of the Defendants’ respective supply goods (the goods listed in the Defendant A’s Schedule 1, the goods listed in the Defendant B’s Schedule 2, and the goods listed in the Defendant C’s Schedule 3) among the lease goods of this case (hereinafter “purchase agreement of this case”), and the main contents thereof are as follows.

Article 3 (Repurchasing Leases) Where a lease contract is terminated due to reasons such as occurrence of a reason for termination of a lease contract under a lease contract concluded between the Plaintiff and the lessee, or failure of the lessee to pay the lease fees for at least 90 days on three consecutive occasions or at least 90 days in arrears, etc., the re-purchase company (referring to the Defendant; hereinafter referred to as the “Defendant”) shall re-purchase the leased goods from the Plaintiff, as prescribed in Article 4.

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