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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 30, 2018, the Plaintiff entered into a lease agreement with C (title prior to the opening name: D) under which the acquisition cost is KRW 240,000,000 for an industrial route with respect to the lease term of 60 months, the lease interest rate of 9.8% per annum, and the delay interest rate of 24% per annum (hereinafter “the lease agreement of this case”), and purchased the lease of this case from the Defendant and used it to C.
Article 20 of the lease agreement of this case provides that “When the payment of the lease fee has been delayed on at least two consecutive occasions,” the grounds for loss of profits due to the obligation to pay the lease fee of this case and the grounds for termination of the lease agreement of this case.
B. On April 30, 2018, the Plaintiff entered into an agreement with the Defendant to re-purchase the instant leased goods from the Plaintiff (hereinafter “instant re-purchase agreement”) in the event that a certain ground for re-purchase occurred with respect to the instant lease agreement.
The main contents of the repurchase agreement of this case are as follows.
Article 3 (Re-Purchase of Lease Articles) Where a lease contract is terminated due to the occurrence of a cause for termination of a lease contract under Article 20, or C fails to pay a lease fee at least three consecutive times or 90 days in arrears, etc. as of the number of days in arrears entered into between the Plaintiff and C, the Defendant shall re-purchase the leased property from the Plaintiff as stipulated in Article 4.
Article 4 (Methods of Re-Purchase, Amount, and Conditions) 4.1 When a lease contract is terminated, the defendant shall pay the amount of re-purchase to the plaintiff within 60 days from the date of termination of the lease contract, regardless of whether or not to recover the leased property, at the request of the plaintiff for re-purchase.
Provided, That where it is inevitable for the safety of leased property, the defendant shall recover the leased property in advance and keep it in the safe place even before the payment of the purchase price is made.