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(영문) 서울중앙지방법원 2015.06.16 2014가합584886
분담금 등 청구
Text

1. Defendant enzympic Capital Co., Ltd.: (a) KRW 68,984,331 and its related amount from July 10, 2014 to June 16, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 23, 2010, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with B, with respect to the medical equipment, etc. purchased by the Plaintiff, setting the acquisition cost of KRW 4.5 billion and the subsequent confirmation of each unit of lease cost installment (60 times scheduled to be paid), and C guaranteed the Plaintiff’s obligation to the Plaintiff under the instant lease agreement.

B. On November 30, 2010, the Plaintiff, the Defendants, and the non-Esp Capital Co., Ltd. (hereinafter “non-Esp Capital”) concluded a joint lease agreement with the Plaintiff as a main agent and the rest of the companies (hereinafter “instant joint lease agreement”).

The details of the instant joint lease agreement relating to the instant case are as follows.

Article 1 [Purpose of the Agreement] The purpose of this Agreement is to determine the rights, obligations, work process and methods between the Plaintiff and the Defendants, and the non-Es Capital as the Defendants and the non-Es Capital jointly participate in the instant lease agreement concluded between the Plaintiff and B.

Article 2 [Sharing Cost and Power of Representation] ① The share share ratio between the Plaintiff, the Defendants, and the non-SP Capital pursuant to this Agreement shall be as follows, and the lease fees, the provision loss amount, and the transfer amount of the Plaintiff, the Defendants, and the non-SP Capital shall be determined according to the share ratio, and the calculation method shall be based on the plaintiff's calculation method.

② All rights, such as lease articles, lease fees, and amount of recovery of claims corresponding to the shares in which the Defendants and non-SP Capital participate, shall accrue to the Defendants and non-SPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

Participatory Company's share ratio (won) lease deposit (won) expected to be divided, Plaintiffs 3.33%, 1,500,000,000, 150,000,000 separate enforcement cases.

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