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1. The defendant shall pay to the plaintiff the amount of KRW 202,218,016 and the amount of KRW 101,698,703 from November 6, 2015 to the date of full payment.
Reasons
1. Indication of claim;
A. The Plaintiff entered into an agreement for facility leasing (lease) purchase. The Plaintiff is a company running business with the purpose of facility leasing business, installment financing business, and other credit specialized business, and the Defendant, as an individual entrepreneur manufacturing or selling industrial machinery, agreed to re-purchase leased goods in relation to the lease contract between the Plaintiff and Nonparty B.
- Lease Contract Terms - Contract Number / Monthly Lease Cost / Monthly Lease Fee C. 1,75,000,000 won / 3,493,600 won in the middle of February 23, 2007, the mid-to long-term 1,75,000 won in the middle of February 36, 207
B. 1) When the Plaintiff terminates or cancels the lease agreement during the lease period under Article 2 of the Lease Agreement, pursuant to the provisions of Article 22 of the Lease Agreement (Loss of Maturity and Termination of the Contract), and the provisions of the Special Agreement, the Plaintiff notified the Defendant in writing of his intention to complete the sale and purchase, and the Defendant decided to transfer all the rights owned by the Plaintiff in relation to the leased object, such as ownership of the leased object and the right to claim damages against the non-party lessee, in the event that the purchase price is paid in full without objection. 2) The Defendant applied mutatis mutandis the rate of delay damages pursuant to the lease agreement and the Special Agreement applicable mutatis mutandis to the terms of the lease agreement and the non-party lessee’s request for the repurchase of the leased object. The rate of delay damages from 91 days in arrears is 24% per annum.
C. On October 31, 2007, the Plaintiff terminated the above lease agreement, and requested the Defendant to repurchase the leased property in accordance with the above agreement. D.
However, the defendant's non-performance of obligation is refusing to repurchase due to closure of business, etc., and the deposit amount of KRW 70,000,000 received from B at the time of lease contract shall be deducted, and the delay of purchase as of November 5, 2015 shall be made.