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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a lease agreement with the Defendant to CNC Line (S310N, hereinafter “instant lease”)
(B) On July 23, 2013, the Plaintiff purchased the ownership and entered into a lease agreement on the instant leased object with C engaged in the manufacturing industry under the trade name B (hereinafter “instant lease agreement”).
() The main contents of the instant lease agreement are as follows. The acquisition price of KRW 48,00,00: D installed: Lease price of KRW 9,600: 36 months: Interest rate of KRW 1,225,101 (one month or 36 months): Annual interest rate of KRW 6.35% (one month or 36 months): 25% (the termination of the instant contract) per annum; and where any of the following provisions of Article 20 (25% (the termination of the contract) arises to the lessee, the Plaintiff shall notify the lessee of the correction of the violation within a reasonable period; and if the lessee fails to correct the violation within the said period, the lessee may lose the benefit of time; however, the Plaintiff may terminate the instant lease agreement without any peremptory notice if it is impossible in light of the nature of the terms and conditions of the contract, or the terms and conditions of the instant agreement with the Plaintiff to perform the prohibited act (the same shall apply to 201% or less).
The acquisition cost of the contract: 28,905,946 won supplier: The F Lease Period of Gangseo-gu Busan Metropolitan Government: 720,286 won (one month to 48 months): 25% per annum; 25% per annum.
B. On July 29, 2013, the Plaintiff, who entered into a repurchase agreement, is the supplier of the instant leased goods.