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Reasons
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(영문) 서울중앙지방법원 2016.06.09 2015가단173880
재매입대금
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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 102,739,29 and KRW 100,671,282 among them.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”): (a) on March 31, 2014, sold to the Plaintiff for the business of facility leasing business and installment financing business, one set of KRW 90,000,000, and (b) on April 2, 2014, one set of KRW 80,000,000, respectively.

B. On March 31, 2014, the Plaintiff entered into a resale agreement (hereinafter “instant resale agreement”) with C on April 2, 2014, with each of the following terms: (a) on the same day, the Defendant Company failed to perform the obligation to pay rental fees, etc. under the instant rental agreement; and (b) on the same day, the Defendant Company again purchased the said machinery (hereinafter “instant machinery”) subject to the instant rental agreement from the Plaintiff; and (c) Defendant B, the representative of the Defendant Company, concluded a resale agreement with each of the joint and several surety with respect to the Defendant Company’s obligation to pay rental fees to the Plaintiff in accordance with the instant resale agreement.

C. C was in arrears with the rental fee under the instant siren contract, and the Plaintiff around April 2, 2015, and the same year.

6.4.Rabs, obs

7. Around 14.14. Around July 28, 2015, at each reasonable time period of time (by July 28, 2015, a maximum time period of time) fixed to C to demand C to perform its duty to pay rental fees, but C did not perform its duty to pay rental fees within the said time period.

On August 31, 2015, the Plaintiff sent to C a written notification that the instant siren contract will be terminated, and the written notification reached C around that time.

The Plaintiff did not pay rental fees by July 28, 2015, which is the last highest time limit for C to purchase the instant machinery in accordance with the instant re-purchase agreement with the Defendant Company around July 31, 2015.

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