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(영문) 서울중앙지방법원 2015.11.13 2015가합6000
재매입대금 등
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 440,734,281 as well as the full payment from November 11, 2014.

Reasons

1. Facts of recognition;

A. On December 6, 2012, the Plaintiff entered into a lease agreement with the company engaging in installment financing business, etc. (hereinafter referred to as “detailed”) on the following terms (hereinafter “instant lease agreement”), and on December 7, 2012, leased goods were installed in ethyl.

On December 6, 2012, the lease period of KRW 450,000,00 on December 6, 2012: 25% of the delay compensation rate of KRW 10,247,610 at 2-36,07,200 at 25% at 25% on one time, such as the lease period of KRW 36 months;

B. On December 6, 2012, with respect to the instant lease agreement, the Plaintiff drafted a seller promise with B Co., Ltd. (Gu. C Co., Ltd.; hereinafter “B”) which is the seller of the leased object, to re-purchase the leased object at the time of occurrence of the cause for re-purchase of the leased object as follows (hereinafter “instant agreement”), and the Defendant signed and sealed the agreement as a joint guarantor.

Article 3 (Re-Purchase of Lease Articles) (1) Where a cause for repurchase occurs that falls under any of the following subparagraphs, B shall repurchase the lease property at the request of the plaintiff:

1. Where any ground for termination of the lease agreement of this case arises under Article 20 of the lease agreement of this case;

2. Where the payment of rent for ethylene is overdue on not less than three occasions;

3. In the event that the re-purchase of the leased article fails to pay rent at least twice within four months after the commencement of the lease. (2) The amount of re-purchase following the re-purchase of the leased article is the amount as stipulated loss under Article 22 of the Lease Agreement, which shall be the sum of the following amounts:

1. It shall be the amount calculated by adding an amount equivalent to 10% of the interest on the accrued principal and the accrued principal to the unpaid principal as of the date of termination of the lease agreement, from the due date of payment of the rent immediately before the termination to the termination date

Provided, That the amount of transfer or the principal of re-lease shall be added where the ethyl is transferred or re-leased after the lease term expires.

2. Lease fees in arrears until the date of termination of a lease agreement;

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