(영문) 서울중앙지방법원 2016.11.17 2016가합1873

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(영문) 서울중앙지방법원 2016.11.17 2016가합1873

재매입 약정금

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1. The Defendant shall pay to the Plaintiff KRW 209,83,043 as well as 25% per annum from January 3, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On May 22, 2014, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the lessee, B, and the Defendant, setting the Plaintiff as the lessee, B, the lessee, and the Defendant as the supplier. The acquisition cost of KRW 550,00,000, the lease period of KRW 36 months, the lease fee of KRW 10,873,389, and the overdue interest rate of KRW 25% per annum.

B. On the same day, the Defendant entered into a repurchase agreement with the Plaintiff to repurchase the leased article (hereinafter “instant repurchase agreement”) where the grounds for termination arise due to overdue rent, etc. regarding the instant lease agreement between the Plaintiff and the Plaintiff, and the main contents thereof are as follows.

Article 3 (Re-Purchase of Lease Articles) Where a lease contract is terminated due to a cause for termination of a lease contract under Article 20 of the lease contract entered into between the Plaintiff and the lessee, or the lessee fails to pay the lease fees for at least 90 days on three consecutive occasions or on the basis of the number of overdue days, etc., the Defendant shall re-purchase the leased property from the Plaintiff as stipulated in Article 4.

Article 4 (Methods, Amount, and Conditions of Purchasing) 4.1 When a lease contract is terminated, the Defendant shall pay the Plaintiff the repurchase price within 60 days from the date of termination of the lease contract, regardless of whether or not to recover the leased property, at the request of the Plaintiff, and recover the leased property from the lessee.

Provided, That where it is inevitable for the safety of the leased object, the defendant may recover the leased object in advance and keep it in a safe place with the approval of the plaintiff, the owner of the leased object, even before paying the purchase price, and the plaintiff shall cooperate with the defendant, if necessary in relation to the recovery of the leased object.

4.2Re-purchases shall be the sum of: (1), (2), (3) and (4) below:

(1) The lease termination date shall be the same as the lease termination date.

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