(영문) 부산지방법원 2017.11.14 2017가단323663

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(영문) 부산지방법원 2017.11.14 2017가단323663

약정금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a lease agreement on March 6, 2014 (hereinafter “D”)

Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) and the Plaintiff, the lessee, the lessee, and the supplier.

(ii) the lease agreement under this Agreement (hereinafter referred to as “instant lease agreement”);

(2) The main contents of the instant lease agreement are 250,00,000 won as the acquisition cost for the packing machines (SD-700) supplied by Defendant B (hereinafter “the instant lease”) and 75,00,000 won as the contract deposit, 48 months as the lease period, 4,385,201 won as the monthly lease rate, 5.3% as the annual interest rate, and 24% as the overdue interest rate.

B. On March 6, 2014, the Plaintiff entered into a repurchase agreement with Defendant B to repurchase the leased article (hereinafter “instant repurchase agreement”) with the effect that Defendant B would repurchase the leased article (hereinafter “instant repurchase agreement”) if the grounds for termination occur and the instant lease agreement was terminated earlier.

(2) On March 6, 2014, Defendant C guaranteed Defendant B’s obligation to repurchase the instant re-purchase to the Plaintiff. (2) The main contents of the instant re-purchase agreement are as follows.

Article 4 (Methods of Re-Purchase, Price, etc.) (1) Where a lease contract is terminated pursuant to Article 3 (Grounds for Re-Purchase), Defendant B shall pay the Plaintiff the re-purchase price within 30 days from the date of the claim according to the Plaintiff's request for re-purchase and take over the pertinent lease property.

(2) The aggregate purchase price under paragraph (1) shall be the sum of the followings:

Provided, That where there is a recovery amount due to the disposal of lease deposit and security, the amount obtained by subtracting such amount from the repurchase price in the former part shall be the repurchase price.

1. 102% of the collected principal as of the date of termination of the lease contract; and

2. The interest on the unpaid principal from the payment date of the lease immediately before the termination of the lease agreement to the termination date of the lease agreement.

3. The overdue lease fee and its delay damages until the termination date of the lease agreement; and

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