beta
Text
1. The Defendant’s KRW 66,301,200 as well as 5% per annum from July 19, 2012 to December 12, 2012 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in manufacturing of vessel parts, etc. under the trade name of “C”, and the Defendant is a person who sells machinery equipment, etc. under the trade name of “D”.
B. (1) On October 15, 2009, the Plaintiff purchased the first NC vertical Line (TM-13, hereinafter “instant 1 machinery”) from the Defendant from the Defendant to KRW 160 million. The Plaintiff agreed to pay the Plaintiff a monthly rent from the 15th of Korea, upon entering into a lease use contract on the 1st of Korea’s social and the said machinery, by paying the Plaintiff the rent from the Defendant’s own social and the 1st of Korea.
(2) On October 30, 2009, the Plaintiff entered into a lease use contract with the social group of Korea with the acquisition cost of the instant machinery No. 160 million won, deposit money of KRW 50 million, lease period of KRW 36 months, lease fee of KRW 3,688,200, and paid KRW 50 million to the social group of Korea.
(3) Meanwhile, on October 30, 2009, the Defendant entered into a re-purchase agreement with the Plaintiff to re-purchase the instant machine No. 1 and succeed to the obligation to pay lease fees, etc. on or around October 30, 2009, and received KRW 160,000,000 from the social members of the Republic of Korea.
(4) Thereafter, around August 2010, the Plaintiff delayed the payment of rent for the instant machines No. 1, and the Plaintiff and the Defendant agreed on August 24, 2010 (hereinafter “instant agreement”) by selling the said machinery to Samang Co., Ltd. and resolving the Plaintiff’s lease liability.
In other words, the defendant executes 137,505,814 won in balance of lease on behalf of the plaintiff.
If the defendant is unable to implement this, he/she shall take the above machinery out from Samang Co., Ltd. currently in custody, and the lease fee balance paid by the defendant shall be waived.
If the defendant sells the above machinery, it shall be the social group of Korea.