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(영문) 서울중앙지방법원 2017.05.16 2016가단5270301
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 125,682,523 as well as 25% per annum from March 5, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running the facility leasing business for industrial machinery, etc., and the limited liability company’s environmental development (hereinafter “N&D case”) is a company leasing equipment, such as crushings, from the Plaintiff. The Defendant is a company that supplied scrapers, etc., which is a leased object.

B. On January 10, 2014, the Plaintiff entered into a lease agreement on the AW case and scrap machine (hereinafter “instant lease agreement”). Accordingly, the Plaintiff paid KRW 340,000 to the Defendant, who is a supplier of leased goods selected by AWK, and acquired ownership of scrap scrap, etc., and then allowed AWK to use it.

Pursuant to the instant lease agreement, S&K paid the lease charges of KRW 6,578,372 per month to the Plaintiff on 36 occasions from March 7, 2014 to January 22, 2017.

C. On January 10, 2014, the Plaintiff entered into a re-purchase agreement with the Defendant on leased goods supplied by the Defendant (hereinafter “re-purchase agreement”). According to this, if the instant lease agreement is terminated, the Defendant, upon the Plaintiff’s request for re-purchase, paid the Plaintiff the re-purchase price within 60 days from the date of termination of the lease agreement, regardless of whether the leased goods are recovered.

The L&C case started with the arrears from June 2016, and did not pay the rent to the Plaintiff from September of the same year.

Accordingly, on September 23, 2016, the Plaintiff terminated the instant lease agreement.

E. At the time of termination of the entry in the foregoing subsection (d), the Defendant’s re-purchase price to be paid to the Plaintiff by the Plaintiff, calculated pursuant to Article 4.4.2 of the Re-Purchase Agreement, is

F. As to the Defendant, the Gwangju District Court rendered a decision on May 29, 2015 in the rehabilitation case 2015 Gohap5010, and the rehabilitation procedure commenced on and after October 6, 2016, the rehabilitation procedure was discontinued by the decision of October 6, 2016, and the Plaintiff filed the instant lawsuit on November 11, 2016.

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