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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 17, 2013, the Plaintiff entered into a lease agreement with the Raber processing machine supplied by the Defendant for the leased goods, 270,000,000 won for the acquisition cost, 48 months for the lease period, 1,689,750 won for the monthly lease (1-3 months) and 6,381,775 won (4-48 months) and damages for delay at 25% per annum.
(hereinafter) The foregoing lease agreement with the leased object is “the instant lease property” and “the instant lease agreement”. (b)
On January 6, 2014, in relation to the instant lease agreement, the Plaintiff and the Defendant concluded a repurchase agreement with the Plaintiff (hereinafter “re-purchase agreement”) under which the Defendant would repurchase the instant leased goods where the grounds for termination of the lease agreement under Article 20 of the lease agreement arise or where the lease agreement is terminated due to the overdue payment of lease fees, etc.
C. B paid rent of KRW 6,409,314 on August 25, 2015. Lastly, the Plaintiff did not pay monthly rent as stipulated in the instant lease agreement. Around December 10, 2015, the Plaintiff decided to sell the instant leased object to LAWPS Co., Ltd. (hereinafter “LAWS”), which was introduced by the Defendant, with the lease amount of KRW 169,265,101, including the principal and overdue interest, etc., up to December 10, 2015. However, the Plaintiff concluded a lease agreement with LAWS on December 30, 2015, with the lease amount of KRW 15,000,000, the lease amount of KRW 155,000,000,000 paid out of the outstanding rent, etc.
[Ground for Recognition] : Facts without dispute, Gap 1, 2, Eul 3-1's evidence, part of Gap 4-2's evidence and the purport of whole pleadings
2. As the Plaintiff’s claim was settled as the sale price of the instant leased article was settled before maturity, the terms and conditions of redemption were changed as the lease fee of KRW 847,174 was paid on 25 occasions from January 2016 to 20, and the lease fee for three months from January 2016 under the amended terms and conditions.