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(영문) 청주지방법원충주지원 2020.07.23 2019가단3762
재매입대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 149,04,068 and the interest rate from October 8, 2019 to the date of full payment.

Reasons

1. There is no dispute over the cause of the claim, Gap 1-15, and according to the overall purport of the pleadings, as stated in the reasons for the claim, the conclusion of a contract for leasing facilities (lease), the conclusion of an agreement for re-purchase of leased facilities (Leases) on May 27, 2019, the occurrence of the reasons for re-purchase stipulated in Article 4 of the above sub-purchase agreement, such as overdue lease charges around July 3, 2019 and termination of the contract for leasing facilities (Leases). On July 9, 2019, the date of the occurrence of the reasons for re-purchase, the notice of the scheduled termination of the contract for re-purchase and the commencement of re-purchasings agreement were sent to the defendants by content-proof mail, and the fact that the plaintiff did not comply with the re-purchase agreement and notified the defendants of the date of payment of the re-purchase agreement on October 7, 2019, and that the Defendants did not notify the Defendants of the commencement of the re-purchase agreement by 40% 1930.30

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated by the rate of 15.8% per annum from October 8, 2019 to the day of full payment, which is the day following the due date for the re-purchase as stipulated in Article 4 of the re-purchase Agreement, and the re-purchase amount of KRW 149,04,068.

2. The Defendant’s assertion argues to the effect that it is difficult for the Defendants to secure ownership or possession of the leased object, and that there are circumstances where it is difficult to resell or reuse the leased object, which is a special medical equipment.

However, in light of the contents of Articles 4 and 6 of the above re-purchase agreement, the obligation to pay the re-purchase price is the obligation to pay the pre-purchase price prior to the transfer of ownership, etc., and the possibility of resale or reuse of leased goods cannot be viewed as the reason of exempting or reducing the obligation to pay the re-purchase

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