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(영문) 서울중앙지방법원 2017.09.21 2016가합549740
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 319,775,069 and the interest rate of KRW 24% per annum from October 28, 2016 to the date of full payment.

Reasons

1. The plaintiff (former trade name before the change: Korea CTR Capital Co., Ltd.) is a company established for installment financing, lease, etc., and the defendant is a company established for the purpose of industrial machinery manufacturing, paper sales, repair business, etc.

On June 11, 2015, the Plaintiff entered into a lease agreement with B (mutual name before the alteration: C; hereinafter “B”) on the lease amount of KRW 480,00,000, monthly lease amount of KRW 3 years, monthly lease amount of KRW 10,697,314, and KRW 24% per annum on the same day. The Plaintiff installed the instant processing machine in B on the same day.

On June 11, 2015, the Plaintiff entered into a repurchase agreement with the Defendant on the instant processing machine (hereinafter “instant repurchase agreement”) (hereinafter “instant repurchase agreement”) and the main contents are as follows.

Article 3 (Re-Purchase of Lease Articles) If the grounds for termination of a lease agreement under an individual lease agreement entered into between the Plaintiff and B arise, or if the lease agreement is in arrears for at least four minutes, the Plaintiff may terminate the lease agreement and notify the Defendant of the request for re-purchase.

In such cases, the defendant shall re-purchase the leased article from the plaintiff pursuant to Article 4 of this Agreement.

Article 4 (Methods of Re-Purchase, Amount, Conditions, etc.) 4.1. The plaintiff shall specify the amount of re-purchase when sending a letter of request for re-purchase to the defendant.

Where the plaintiff has dispatched a request for repurchase, the defendant shall pay the repurchase price within 90 days from the date of delivery of the request for repurchase, and where he/she has not paid the repurchase price within 90 days from the date of dispatch of the request for repurchase, he/she shall additionally pay the interest for the transitional period specified in the Enforcement Rule of this Agreement from the date 90 days have elapsed until the date of fulfillment of repurchase after paying the repurchase price.

4. 2. The Defendant’s repurchase price for the Plaintiff is terminated by an individual lease contract concluded between the Plaintiff and B.

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