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1. The Defendant’s KRW 64,468,147 as well as the Plaintiff’s KRW 60% per annum from October 31, 2016 to January 15, 2018.
Reasons
1. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 1 to 8.
A. On July 22, 2014, the Plaintiff, a company engaged in the business of selling printed materials, etc., engaged in a transaction of supplying printed materials to the Defendant who operates the business of selling printed materials, etc., concluded a facility leasing agreement (hereinafter “the instant lease agreement”) with the Plaintiff, on behalf of the Defendant, with the purchase price for the CTPP system machinery to be provided to the business that is the present resources of the Co., Ltd. as the leased company, as the loan funds of the Korea Capital Co., Ltd. (hereinafter “Lease Company”), which is the leased company. The lease agreement was concluded between the Plaintiff and the lessee on behalf of the Defendant, with the cost of acquisition KRW 350 million and the lease period of KRW 36 million.
B. According to the instant lease agreement, the Plaintiff paid the purchase price for the leased machines with the leased money provided by the leased company. The Plaintiff, as a party to the instant lease agreement, paid KRW 201,616,375 in total to the leased company from August 22, 2014 to October 24, 2016.
C. Meanwhile, on November 6, 2015, the Defendant received a claim from the Plaintiff for the payment of rent owed by the Defendant, and issued a written confirmation to the Plaintiff that “the leased machine was sold within June 30, 2016 and paid the lease fee in full and by settling a separate account.” On October 31, 2016, the Defendant concluded a contract with the lessee to succeed to the Plaintiff’s status as the lessee under the instant lease agreement.
On March 27, 2018, the Defendant issued a written confirmation to the Plaintiff that “The amount of 64,468,147 won is to be repaid in installments from May 2019 to December 2019.”