(영문) 서울중앙지방법원 2014.05.23 2013가단224159

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(영문) 서울중앙지방법원 2014.05.23 2013가단224159

재매입대금 등

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1. The defendant shall pay to the plaintiff KRW 51,475,348 and the amount of KRW 50,228,547 among them, from April 7, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 23, 2011, the Plaintiff entered into a siren (a) agreement with B on the following terms and conditions (hereinafter “instant siren agreement”) and delivered the following sirens to B on June 24, 2011.

1) Lenes: a set of 1 set (hereinafter referred to as “this case’s machinery”) of flat number (DGS-1260A)

(2) Place of installation: 36 months (from June 24, 2011 to June 23, 2014): Contract deposit of KRW 1,797,000 (excluding value-added tax) per month: 15,000,000: 24% per annum.

B. The Plaintiff entered into a repurchase agreement with the Defendant on the same day, and entered into a repurchase agreement related to the instant rental agreement (hereinafter “instant repurchase agreement”). The details are as follows.

Article 3 (Repurchase of Lenes) The Defendant shall re-purchase the sirens from the Plaintiff as stipulated in Article 4 in the event that the reason for termination of the sirens contract concluded between the Plaintiff and B has occurred and the termination of the sirens contract is earlier.

Article 4 (Methods of Re-Purchase, Price, etc.) (1) Where a siren contract is terminated earlier pursuant to Article 3, the Defendant shall pay the purchase price to the Plaintiff within 60 days from the termination date of the siren contract according to the Plaintiff’s request for re-purchase, regardless of whether or not to recover sirens.

However, where it is inevitable for the safety of sirens, the defendant may recover sirens in advance with the approval of the plaintiff who is the owner of the relevant sirens even before the payment of the purchase price is made, and keep them in safe place, and the plaintiff shall cooperate to the defendant to the maximum extent necessary in relation to the recovery of sirens.

(2) The sum of the purchase price under the preceding paragraph shall be the sum of the followings:

1. Money stipulated in the detailed statement of contracts for sirens;

2. A siren of overdue charge as of the date of the request for the re-purchase.

유사 판례

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-서울중앙지방법원 2015.04.17 2014가합41013

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