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(영문) 서울중앙지방법원 2015.04.17 2014가합41013
재매입대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 112,248,776 and the amount of KRW 97,202,112 from June 20, 2014 to the date of full payment.

Reasons

1. Basic facts

A. 1) On June 20, 2013, the Plaintiff entered into a lease contract: (a) between C and C engaged in the manufacturing business of speculative type with the trade name called “B,” and (b) between the lease company and C, the Plaintiff as the lessee and the lessee, and the 6 vehicles, etc. of speculative type type-oriented machines sold by the Defendant as the lessee (hereinafter “the lease property of this case”).

) A lease agreement under which the acquisition cost is KRW 166,400,000, and the lease term is from June 20, 2013 to June 20, 2017; KRW 2,995,000 each (including value-added tax, KRW 3,494,50 each); KRW 48 times each month from June 20, 2017; KRW 23.1% per overdue interest rate of KRW 1 to 30 days; KRW 23.4% per 31 to 60; and KRW 91 to 24% per day (hereinafter “instant lease agreement”).

(2) The Plaintiff purchased the instant lease articles from the Defendant and delivered them to C in accordance with the instant lease agreement.

B. (1) On June 20, 2013, the Plaintiff entered into a repurchase agreement with the Defendant on the re-purchase of leased property (hereinafter “instant repurchase agreement”) with the effect that the Defendant would repurchase the leased property if the instant lease agreement is terminated due to a lessee C’s breach of contract, such as overdue rental fees, etc.

(2) The relevant parts of the instant re-purchase agreement are as follows.

(A) The term “A” means the Plaintiff, “B,” and “B,” each of whom is the lessee and “B,” respectively. Article 6 (Request for Termination and Re-Purchase of Lene Contract) (1) In the event Party A terminates or cancels a siren contract during the siren period pursuant to Article 2 of the Lene Agreement and the provisions of the Special Agreement, Party A shall notify the Defendant of its intention to complete the sale in writing (hereinafter referred to as “written request for re-purchase of rental goods”).

(2) Where A notifies B of a request for the repurchase of sirens pursuant to paragraph (1), B shall repurchase them without objection.

Article 7 (Methods of Re-Purchase, Prices and Conditions) (1) A shall provide for the re-purchase of rental goods in a request for the re-purchase of rental goods under paragraph 1 of Article 6 and the re-purchase price under paragraph 2.

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