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(영문) 서울중앙지방법원 2017.08.08 2017가단5032193
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 31,867,153 as well as the interest rate from March 1, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 2, 2015, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with D, which provides that the Plaintiff as the lessee, D-user, and Defendant A (hereinafter “Defendant Company”) shall be the supplier of the leased company, D-user, and Defendant A (hereinafter “Defendant Company”) with respect to the one unit of the German ALPHA Ra (hereinafter “instant leased object”) with the name of D, which is called “C,” and the lease agreement was concluded by setting the lease agreement at 25% per annum, with the acquisition cost of KRW 52,00,00,000, the lease period of KRW 36 months, the lease fee of KRW 1,169,263, and the overdue interest rate of KRW 169,263, annually.

B. On the same day, the Defendant Company concluded a repurchase agreement between the Plaintiff and the Plaintiff to repurchase the leased articles (hereinafter “instant repurchase agreement”) to repurchase the leased articles (hereinafter “instant repurchase agreement”), and Defendant B guaranteed the Defendant Company’s obligation under the instant repurchase agreement. The key contents 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 leased property, the defendant may recover the leased property in advance and keep it in a safe place with the approval of the plaintiff, who is the owner of the leased property, even before paying the purchase price for the leased property.

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