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(영문) 서울중앙지방법원 2015.01.21 2014가합549043
양수금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 2, 2012, Korea Steel Co., Ltd. (hereinafter “Korea Steel”) entered into a financial lease agreement with the Defendant to transfer the instant lease goods free of charge to Korea Steel Co., Ltd. (hereinafter “the instant lease agreement”) with the Defendant, with the effect that the Defendant acquired 1,085t of construction equipment for civil engineering and construction works (hereinafter “the instant lease goods”) and used them to Korea Steel, and that Korea Steel would pay the lease fees monthly agreed for 24 months to the Defendant, and that the Defendant would transfer the instant lease goods free of charge to Korea Steel.

B. At the time of entering into the instant lease agreement, Han Steel and the Defendant determined the terms of the contract amounting to KRW 1,160,000,000 for the leased principal, KRW 50,683,260 per month, KRW 24% per annum, and KRW 348,00,000 for the contract deposit, and Han Steel paid KRW 348,00,000 for the said contract deposit to the Defendant.

C. On December 31, 2012, Korea Steel Co., Ltd. transferred to the Plaintiff the claim to return the said contract deposit held by the Defendant pursuant to the instant lease agreement, and notified the transfer of the claim on the same day, and the notification was delivered to the Defendant on January 2, 2013.

After that, on March 2013, the Defendant terminated the instant lease agreement and recovered the instant lease articles.

E. On March 22, 2013, the Defendant sold 228t out of the recovered lease goods of this case to bench Korea Co., Ltd. (hereinafter “bench Korea”), and received the payment of the purchase price on March 22, 2013, and the remainder entered into a financial lease agreement with ben Korea on March 29, 2012 with cench Korea on which 535,000,000 won of the leased principal was used by ben Korea.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3 evidence, Eul evidence 1 to 8, 10, 11, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion termination of the instant lease contract, the Defendant’s claim and obligation between Korea Steel Corporation.

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