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(영문) 서울중앙지방법원 2018.07.06 2017가단105003
재매입약정금청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 38,00,000 and the interest rate from June 3, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On April 6, 2015, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) sold machinery, etc. at KRW 66 million to the Plaintiff, who is engaged in facility leasing business and installment financing business, etc. (hereinafter “instant machinery”).

B. (1) On April 6, 2015, the Plaintiff concluded a siren lease agreement with the Plaintiff on the lease of the instant machinery to C and the payment of the relevant siren fee (hereinafter “instant siren lease agreement”).

2) On the same day, between the Plaintiff and the Defendant Company, C did not perform the obligation to pay rental fees under the instant siren, and upon termination of the instant siren contract, the Defendant Company entered into a repurchase agreement with the Plaintiff to repurchase the instant machinery (hereinafter “instant repurchase agreement”), and Defendant B, the representative of the Defendant Company, on the same day, jointly and severally guaranteed the Defendant Company’s obligation to pay rental fees to the Plaintiff pursuant to the instant repurchase agreement.

C. 1) However, C did not pay the rental fee under the instant siren contract, and the Plaintiff urged C to pay the rental fee by setting a reasonable period on several occasions, but C did not perform its duty to pay the rental fee within the said period. However, C sent a written notification to C around April 3, 2017 that the Plaintiff terminated the instant siren contract, and the written notification reached April 6, 2017.

(1) On April 3, 2017, the Plaintiff requested the Defendant Company to re-purchase the instant machinery in accordance with the instant re-purchase agreement, and the document stating the request was served on the Defendant Company. 2) Meanwhile, according to the instant re-purchase agreement, the Plaintiff did not pay rental fees.

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