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(영문) 서울북부지방법원 2021.01.26 2019가단155797
손해배상 등 청구
Text

1. Defendant C Co., Ltd.: (a) KRW 200,000,000 and 5% per annum from November 8, 2016 to May 29, 2020.

Reasons

1. Basic facts

A. The business registration certificate for the EP bank located in Nam-gu Incheon Metropolitan City, Nam-gu, entered the business owner’s name as F; the opening date as of August 16, 2016; and the actual F operated the EP bank as a partnership with the Plaintiff.

B. Preparation 1 of the document of facility leasing (Lease) contract (hereinafter “B”) Defendant B Co., Ltd. (hereinafter “B”)’s employees conducted a business trip on November 4, 2016 and inspected the status of the installation of leased goods. On November 7, 2016, an inspection report was prepared on November 7, 2016, stating that the main body and seven kinds of leased goods (hereinafter “the main body”) are normally operated and the sign is attached.

2) On November 7, 2016, F prepared a certificate of receipt of one’s own goods on 201.11.7, 2016, including the content that “F received all of the clock equipment (hereinafter gold 241,160,000 won, and value added tax separate) regularly on November 4, 2016.”

3) On November 7, 2016, a written contract for facility leasing (lease) was drawn up with Defendant B-ro and lessee as F (hereinafter “the instant lease agreement”) and attached Table to the terms and conditions of facility leasing (lease) and the lease agreement is attached to the said contract, and the main contents thereof are as follows.

A) Article 1 of the facility lease (lease) provides that “A (Defendant B) purchases goods specified in the attached Table in the attached Table (F) from the seller listed in the attached Table (F) and leases them to B, and “B shall pay the lease fee specified in the attached Table to A”.

B) The attached Table of the lease agreement states the seller (or manufacturer) as the Defendant C Co., Ltd. (hereinafter “C”), the name of the leased object as the whole of the cream equipment (as shown in the attached standard contract). The purchase price of KRW 241,160,000 (the principal’s charge of KRW 41,160,000), the total acquisition cost of KRW 200,000,000, the total acquisition cost of KRW 30 months from the date of issuance of the certificate of receipt of the leased object, and the lease fee of KRW 1 to 30 times from the date of issuance to 8,132,50, and the name and seal of Defendant B and F respectively.

C) The attached standard contract shall be in the body of the principal body.

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