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(영문) 서울중앙지방법원 2018.03.29 2017나59903
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On September 2, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, a lessee, D-user, and Defendant A (hereinafter “Defendant Company”), under which the Plaintiff is the supplier of the leased company, D-LA-150 set (hereinafter “the instant leased object”) that the Plaintiff seeks to lease the Plaintiff’s facilities to D (hereinafter “the instant leased object”). At that time, the Plaintiff purchased the instant leased object from the Defendant Company and delivered it to D.

The main contents of the instant lease agreement are as follows.

The acquisition price of the contract: The lease price of KRW 52,00,000 for the lease period of KRW 16,00: 16,00,000 for each 36 months: The interest rate of KRW 5.8% per annum: 25% per annum in cases where any of the following provisions of Articles 20 (Re-purchase of Lease Articles) and 20 (Re-Purchase of Lease Articles) occurs to the lessee, the plaintiff shall notify the lessee of the correction of the violation within a reasonable period, and if the lessee fails to correct the violation within the said period, the lessee shall lose the benefit of time, and the plaintiff may terminate the lease contract of this case.

However, this contract may be terminated without a peremptory notice, if it is impossible to correct in light of the nature of the matter.

5. In case of failing to perform obligations under the instant lease contract or any other contract concluded with the Plaintiff at the maturity of reimbursement, or violating the provisions concerning important prohibited acts under the said contract.

B. On October 7, 2015, the Plaintiff entered into a repurchase agreement with the Defendant Company to repurchase leased goods (hereinafter “the repurchase agreement of this case”) with the content that the Defendant Company would repurchase the leased goods if the lease agreement is terminated due to overdue rental fees, etc. regarding the instant lease agreement, and the Defendant Company B, as the representative director of the Defendant Company, was the Plaintiff pursuant to the repurchase agreement of this case.

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