beta
Text
1. The defendant shall pay to the plaintiff the amount of KRW 96,818,308 and KRW 91,908,147 from February 12, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. The plaintiff is a company whose business objective is the lease business, and the defendant is a company that sells industrial machinery.
B. On July 23, 2012, the Plaintiff entered into a contract with an AD-20J (hereinafter “AD-20J”) with the Plaintiff to set the KRW 152 million acquisition cost of the AD-2 million purchase from the Defendant (hereinafter “the instant lease contract”) at 4,771,077 won per month, the contract deposit of KRW 15,520,000,000,000 for the first time to the third time, the lease period of KRW 39 months, the lease fee of KRW 1,076,666 for the first time to the fourth to the 39th time (hereinafter “instant lease contract”).
Article 4 Section 4.1(Defendant)(1)(B) shall, upon termination of a lease agreement, pay the repurchase price to Party A within 60 days from the date of termination of the lease agreement, regardless of whether or not to recover the leased property, and recover the leased property from the lessee.
Provided, That where it is inevitable for the safety of the leased object, Eul may recover the leased object in advance and keep it in a safe place with the approval of Gap, the owner of the leased object, even before the payment of the repurchase price, and Gap will cooperate with Eul, if necessary in relation to the recovery of the leased object.
4.2Re-purchases shall be the sum of: (1), (2), (3) and (4) below:
① 110% of the unpaid principal as of the termination date of the lease contract and the expiration date: ② the overdue lease fee and its delay damages, etc. ③ the legal measure cost and its delay damages, etc. ④ the above (1), (2), (3) the total sum from the termination date to the payment date of the repurchase price; and (3) the delay damages shall be the interest rate for the delay damages under the above lease contract.
④ The above delayed damages shall be 15% per annum if the payment date of the re-purchase price is within 30 days from the date of termination of the contract, 19% per annum if the payment date is more than 30 days but not more than 60 days, and thereafter.