(영문) 서울중앙지방법원 2015.08.12 2014가합573527

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(영문) 서울중앙지방법원 2015.08.12 2014가합573527

재매입대금 청구의 소

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1. The Defendant shall pay to the Plaintiff the annual amount of KRW 579,977,729 and KRW 560,639,729 from July 19, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into the instant lease agreement on April 30, 2014, as the United Nations Co., Ltd. (hereinafter “Cmat”) on April 30, 2014.

2) The Plaintiff and the lessee as the lessee and the lessee are the fourth unit of equipment supplied by the Defendant (hereinafter “the instant lease”).

) The Plaintiff entered into a lease agreement with the following terms, which the Plaintiff agreed to lease facilities in the United Nations (hereinafter “instant lease agreement”).

(2) In the event that any of the items of Article 20 (Termination of the Contract) of the Lease Rate of KRW 800,000,000 per annum 20,000 per annum 36 months lease interest rate of KRW 20,652,100,00 per annum, and KRW 6.9% per annum 36 months lease interest rate of KRW 20,652,100 (Termination of the Contract), occurs in the United Nations, the Plaintiff shall demand the correction of the relevant violation within a reasonable period specified by the Plaintiff, and if the United Nations is not able to correct the violation within the said period, the United Nations shall lose the benefit of time and the Plaintiff may terminate the contract without the maximum period. However, if it is impossible to correct the violation in light of the nature of the matters, the contract may be terminated without the due date. 5. The Plaintiff purchased the leased article from the Defendant under the Lease Contract of this case and violated the provisions on important prohibited acts under the contract.

B. On April 30, 2013, when the lease contract of this case is terminated, the Plaintiff entered into a repurchase agreement with the Defendant to repurchase the leased article (hereinafter “instant repurchase agreement”), and the said agreement includes the following:

Article 3 (Grounds for Re-Purchase) The Defendant shall comply with the provisions of Article 4, where the foregoing lease contract is terminated earlier due to the occurrence of the grounds for termination of the lease contract of this case.

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