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(영문) 서울남부지방법원 2015.12.11 2014가합6108
재매입대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 860,988,701 and the interest thereon from March 22, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On November 11, 2013, the Plaintiff purchased more than 12 units of the stampping center 12 units from Defendant A (hereinafter “the instant lease”) from Defendant A (C), and entered into a contract with D to provide lease with the cost of acquiring the instant lease goods at KRW 1,080,000,000, the lease period of 48 months, the lease fee of KRW 21,83,480, the lease deposit amount of KRW 216,00,000, the delayed payment damages of KRW 24% per annum (hereinafter “the instant lease agreement”).

B. On November 11, 2013, Defendant A entered into an agreement with the Plaintiff to pay the remainder of the lease and repurchase the instant lease (hereinafter “instant repurchase agreement”) upon the termination of the instant lease agreement due to the delayed payment of the lease fees. Defendant B Co., Ltd. (hereinafter “Defendant B”) jointly and severally guaranteed this agreement. The key contents of the instant repurchase agreement are as follows.

Where a lease contract is terminated due to a cause of termination under Article 24 of the lease contract entered into between the Plaintiff and the lessee, or the lessee fails to pay the lease fee at least 60 days on two consecutive occasions or on the basis of the number of overdue days, etc., the Defendant A shall re-purchase the leased goods from the Plaintiff as stipulated in Article 4.

IV.(Methods, Amount and conditions of repurchase)

1. Where a lease contract is terminated, Defendant A shall pay the purchase price to the Plaintiff within 30 days from the date of the request for re-purchase, regardless of whether the lease is recovered, according to the Plaintiff’s request for re-purchase.

2. The aggregate purchase amount shall be the sum, , and , of purchase amounts.

Damages for delay shall apply the rate of damages for delay under the lease contract entered into between the plaintiff and D.

As of the termination date of the lease contract, the late principal and elapsed interest, overdue lease fee until the termination date of the lease contract, damages, legal action cost, and total amount of the compensation for delay.

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