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(영문) 서울중앙지방법원 2018.12.19 2018가합5763
약정금 청구의 소
Text

1. The defendant shall pay to the plaintiff 663,074,582 won and the amount of KRW 566,987,057, whichever is applicable, from October 4, 2018 to the date of full payment.

Reasons

1. The lease deposit amount of KRW 114,00,000 for the 60-month lease period of KRW 4,000,000 for the 60-month lease term of KRW 380,000,000 on March 15, 2017, when the contract number D Contract Number E entered into, on January 25, 2017, KRW 4.9% per annum 4.9% per annum 25% per annum 6,579,249 (48 installments) monthly lease fee of KRW 10,370,100 for the 60-month lease period of KRW 48 months.

A. On April 16, 2018, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the leased object and receive the lease fee as follows, and concluded a modified agreement with the lessee to change the lessee from the Defendant to C.

[Lease Agreement] Article 20 (1) of the General Terms and Conditions for Credit Transactions, if any of the grounds stipulated in Article 8 (1) of the General Terms and Conditions for Credit Transactions occurs to a customer, the Plaintiff may immediately terminate this Agreement and demand the return of the leased article without notice and demand notice.

[Basic Terms and Conditions for Credit Transactions] Article 8 (Obligation to Pay Obligations before the due date) (1) In any of the following cases, if a debtor falls under any of the following grounds, the debtor shall, as a matter of course, be bound to immediately lose the benefit of all obligations to the plaintiff and to pay such benefit of all obligations:

3. When an application for bankruptcy, rehabilitation or commencement of individual rehabilitation procedures is filed or an application for entry in a defaulters' list is filed;

B. The part concerning termination of the contract of this case and the basic terms and conditions of credit transactions are as follows.

Article 2 (Re-Purchase of Lease Articles) If a lease agreement entered into with C is terminated as it falls under Articles 20 and 21 of the Facility Lease Terms and Conditions, the Plaintiff shall notify the Defendant of a written request for repurchase of the leased article in writing, and the Defendant shall repurchase the leased article as stipulated in this Agreement.

III.(Methods, amounts, conditions, etc. of repurchase)

1. The Plaintiff stated the amount of repurchase to the Defendant.

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