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(영문) 서울중앙지방법원 2016.10.14 2015가합14384
재매입대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 213,037,30 and the interest rate thereon from July 13, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company whose business objective is the lease business, and the Defendant A (hereinafter “Defendant Company”) is a company that sells industrial machinery.

B. On September 3, 2014, the Plaintiff entered into a contract with LLF loan Co., Ltd. (hereinafter “LF loan”), under which the Plaintiff purchased from the Defendant and the Plaintiff agreed to lease one of the MWD Center (hereinafter “the instant lease contract”) with the acquisition cost of KRW 250,00,000,000,000 for the lease period of KRW 36 months, monthly lease fee, KRW 7,105,55, monthly lease fee, KRW 25,000,000,000 for contract deposit, and delayed payment rate of KRW 25% per annum (hereinafter “instant lease contract”).

C. On September 5, 2014, the Plaintiff entered into an agreement with the Defendant Company to repurchase the instant leased goods from the Plaintiff (hereinafter “instant repurchase agreement”) where the said agreement is terminated due to the occurrence of the grounds for termination of the instant lease agreement or the delinquency in payment of rent. Defendant B jointly and severally guaranteed all the obligations owed by the Defendant Company to the Plaintiff with respect to the said repurchase agreement.

The above repurchase agreement includes the following contents:

Article 4.1(Methods, Amount, and Conditions of Purchasing) 4.1(Defendant Company)(hereinafter “Defendant Company”) shall, upon termination of a lease agreement, pay the re-purchase price to A within 60 days from the date of termination of the lease agreement, regardless of whether or not to recover the leased property, and recover the leased property from the lessee.

Provided, That where it is inevitable for the safety of the leased object, Eul may recover the leased object in advance and keep it in a safe place with the approval of Gap, the owner of the leased object, even before the payment of the repurchase price, and Gap will cooperate with Eul, if necessary in relation to the recovery of the leased object.

4.2Re-purchases shall be the sum of: (1), (2), (3) and (4) below:

(1) The lease termination date shall be the same as the lease termination date.

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