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(영문) 서울고등법원 2016.10.28 2016나2017062
손해배상
Text

1. Paragraphs 1 and 2 of the judgment of the court of first instance, including the Plaintiff’s claim expanded at the trial.

Reasons

1. Basic facts

A. On March 26, 2012, the Defendant entered into a contract for the lease of five colors (hereinafter “instant printing machines”) with a company A (hereinafter “A”) for the instant printing machines (hereinafter “instant printing machines”) as follows:

A, the representative director of A, B, under the lease contract of this case, has jointly and severally guaranteed all the obligations of A to the defendant.

When a set-off contract with the principal is terminated after the expiration of the lease period from March 26, 2012 to March 25, 2017, the lease period of KRW 680,000,000, Co., Ltd. for five printing equipment suppliers of five printing equipment prior to the date of the lease period of KRW 10,183,290 per annum of interest rate of KRW 5.9% per annum of interest rate of KRW 5.9% per annum of interest rate of KRW 24% per annum of interest rate of KRW 5.9% per annum of interest rate of KRW 10,183,290, or the customer performs all or part of the obligations of the financial company (Article 10(2)), the return of the principal to the customer (Article 10(3)), including the overdue rent of the customer, may be appropriated for the repayment of all or part of all obligations to the financial company (Article 10(3) of the Agreement).

Article 2 (Status of Shares by Participating Party) ① The share ratio of the Plaintiff and the Defendant under this Agreement shall be 50:50, and the lease fee, provision loss and transfer amount of the Plaintiff and the Defendant shall be determined based on the share ratio, and the calculation method shall be based on the calculation method of the Defendant.

Article 3 (Introduction of Lease Articles and Fund Execution) ① All affairs related to the introduction of lease articles will be carried out en bloc by the defendant in the name of the defendant.

Article 5 (Collection of Lease Fees, etc.) (1) The defendant shall collect each lease fee each time from A, and shall receive each lease fee corresponding to the plaintiff's shares under this Agreement.

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