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(영문) 서울중앙지방법원 2019.05.01 2018나68294
정산금 청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 21, 2014, the Plaintiff entered into a lease agreement between the Defendant and C company D with the amount of KRW 160,00,000,000 for the 1 set of the electric type investment scheme (hereinafter “instant lease agreement”) supplied by the Defendant and C company D, and 36 months from the date of issuance of the receipt of the leased object, deposit amount of KRW 32,00,000,000, monthly lease amount of KRW 4,061,630 (hereinafter “instant lease agreement”).

B. In addition, on March 21, 2014, the Defendant concluded an agreement with D to re-purchase the said leased object (hereinafter “re-purchase agreement”) where the instant lease agreement is terminated due to the Plaintiff’s failure to perform its obligation under the instant lease agreement.

C. After that, as the Plaintiff was unable to properly perform its obligation under the instant lease agreement, around July 2015, the Plaintiff requested D to resell the said leased goods. Around August 25, 2015, E Co., Ltd. (hereinafter “E”) (a corporation closed and newly incorporated; hereinafter “E”) as a corporate entrepreneur, sold the said leased goods at KRW 90,00,00 to H Company, the representative of which was the H Company.

Meanwhile, the instant lease agreement was terminated on June 15, 2016 due to the Plaintiff’s payment of monthly rent of KRW 48,739,560 on 12 occasions, and was terminated on or around June 15, 2016. Pursuant to Article 6(2) of the instant re-purchase Agreement, the Defendant received KRW 39,325,000, deducting deposit money of KRW 32,000 from the stipulated loss amount as of the date of termination from E as of the same day, and KRW 56,862,82,820, total of the overdue rent of up to the date of termination.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, 8, 10, Eul evidence Nos. 5 and 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. In the event that the lease contract of this case is completed normally, the purport of the Plaintiff’s assertion is KRW 32,00,000,000, and KRW 146,218,680 in total, KRW 178,218,680 in total, and KRW 32,00,000 in total, KRW 71,325,00 in total, and KRW 71,325,00 in total.

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