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1. The Defendant’s KRW 241,208,784 and KRW 124,388,80 among the Plaintiff and the Plaintiff’s KRW 124,38,80 from May 14, 2019 to May 20, 2019.
Reasons
1. Facts of recognition;
A. On February 20, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C and SP-8, setting the acquisition cost of KRW 180,00,000, the lease period of KRW 44 months, the monthly lease cost of KRW 3,910,80, and the delay damages amount of KRW 25% per annum.
On April 22, 2013, the Plaintiff purchased and supplied the leased article from the Defendant to C, and C received the leased article.
B. On April 22, 2013, the Plaintiff concluded an agreement with the Defendant for the repurchase of leased articles (hereinafter “instant repurchase agreement”) with the following content.
Article 3 (Re-Purchase of Lease Articles) A (Plaintiff of this case) Where a ground for termination of a lease agreement under Article 20 of the lease agreement entered into between A (Plaintiff of this case) and the lessee (C of this case) arises, or where the lease agreement is terminated due to the cause, such as the delayed payment of rent three consecutive times or 90 days or more based on the number of overdue days, B (Defendant of this case) shall repurchase the leased property from A, as stipulated in Article 4.
Section 4.1 (Methods, Amount, and Conditions of Purchasing) If a lease contract is terminated, Section 4.1 B shall pay Party A the repurchase price within 60 days from the termination date of the lease contract, regardless of whether or not the lease is recovered, at Party A’s request for re-purchase, and recover the lease from the lessee.
4.2Re-purchases shall be the sum of: (1), (2), (3) and (4) below:
① 110% of the unpaid principal as of the termination date of the lease contract and the expiration date: ② the overdue lease fee and its delay damages, etc. ③ the legal measure cost and its delay damages, etc. ④ the above (1), (2), (3) the total sum from the termination date to the payment date of the repurchase price; and (3) the delay damages shall be the interest rate for the delay damages under the above lease contract.
C. The instant lease agreement was terminated on January 7, 2015 due to C’s delinquency, and was based on May 13, 2019.