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(영문) 서울중앙지방법원 2017.11.14 2017가단64720
약정금 청구의 소
Text

1. The defendant shall pay to the plaintiff the amount of KRW 86,972,939 and the amount of KRW 63,608,947 from July 20, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On August 13, 2015, the Plaintiff entered into a facility lease agreement with B with the following content.

⑴ 리스물건 : 머시닝 센터 ⑵ 공급자 : C(A) ⑶ 취득원가 : 1억 원 ⑷ 리스기간 36개월 ⑸ 리스보증금 : 2,000만 원 ⑹ 적용리스이자율 : 연 6.2% ⑺ 리스료 : 제1회~제4회까지 516,700원, 5회~36회까지 2,822,200원 ⑻ 연체이자율 : 연 25%

B. The Defendant concluded a repurchase agreement with the Plaintiff on the same day, and its main contents are as follows.

-Agreement on the Re-Purchase of Lease Articles (A: the plaintiff, B: the defendant, C: B)-Article 3 (Confirmation of Re-Purchase Obligations and Request for Re-Purchase),

2. Where a lease contract entered into concurrently with a lessee is terminated because it falls under Article 20 (Termination of a Lease Contract) of the lease contract (including all cases where a lease contract relationship terminates halfway, such as invalidation, cancellation, etc. of a lease contract), A shall notify B of a written request for repurchase of leased goods in writing and B shall pay A the amount of repurchase.

Article 4 (Method, Amount and Conditions of Re-Purchase) 1 A shall request B to specify the date of payment of the re-purchase and the date of payment of the re-purchase at the time of sending the request for re-purchase, and B shall pay the amount of re-purchase to A on the corresponding date and recover the leased goods from C.

2. The re-purchase price under paragraph (1) of this Article: 1) The amount calculated by adding interest on the cost for acquisition without recovery from the expiration date of the lease fee immediately before the termination date to the termination date of the lease agreement and the amount equivalent to 10% of the outstanding acquisition cost (Provided, That where Byung received or decided to transfer the goods after the termination date of the lease period, the amount of the transfer price or the principal of the re-lease at the interest rate of the lease fee shall be added;

(2) As regards the overdue lease charge and its delay damages until the date of termination of the lease agreement, Byung is obliged to pay it to Gap in connection with the lease agreement.

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