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(영문) 서울중앙지방법원 2015.05.15 2014가합56992
재매입대금
Text

1. The Defendant shall pay to the Plaintiff KRW 160,908,337 and KRW 159,961,726 among them, from November 12, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 9, 2013, the Plaintiff, as a lessee, agreed to conclude a lease agreement with 48 months from the date of issuance of a certificate of receipt of goods during the lease period, 280,000,000 won (excluding value-added tax), deposit money of 56,00,000 won, and 1,40,000 won and 48 times through 48 times each month from 4,851,20 won, interest rate of 6,000 won per annum, 24% per annum, 25(1) and attached Tables 16, 16,000, and 1,4,000 won, and 5,851,20 won per annum, and 25(1) and (6) of the instant lease agreement with the lessee to terminate the lease agreement even if the lease agreement is delayed.

(hereinafter “instant lease agreement”). B.

On April 9, 2013, the Plaintiff and the Defendant concluded a re-purchase agreement with respect to the instant lease agreement, as follows:

Article 6 (Request for Termination and Re-Purchase of Lease Agreement) (1) Article 22 subparagraph 2 of the Lease Agreement of this case, while Article 22 subparagraph 2 of the Lease Agreement of this case is included in the "Article 12" during the lease period under Article 2 of the Lease Agreement, but the corresponding provisions of the Lease Agreement of this case are in fact Article 22 of the relevant provisions of the Lease Agreement of this case.

In the event that a lease contract is terminated or terminated in accordance with the terms and conditions of the term interest and the terms and conditions of the special agreement, the Plaintiff shall notify the Defendant of its intention to complete the purchase and sale (hereinafter referred to as “written request for repurchase of leased property”) in writing.

(2) Where the plaintiff notifies the defendant of a written request for purchase of leased property pursuant to paragraph (1), the defendant shall repurchase the leased property without any objection.

Article 7 (Methods of Re-Purchase, Price, Conditions, etc.) (1) The plaintiff shall file a written request for repurchase of leased articles under Article 6 (1).

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