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1. The Defendant shall pay to the Plaintiff KRW 92,797,068 and the interest rate of KRW 25% per annum from March 27, 2016 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company operating installment financing and facility leasing business.
B. On November 21, 2014, the Plaintiff leased 126,90,000,000 won, monthly rent, KRW 2,856,789, the contract deposit, KRW 38,00,00, and the overdue interest rate of 25% per annum, while leasing 126,90,000 and 8 other things (hereinafter “the instant leased items”) to major balance corporation (hereinafter “large balance”).
(hereinafter “instant lease agreement”). C.
The Defendant, as a seller of the leased article of this case, agreed to purchase the leased article of this case by paying the price to the Plaintiff if the lease contract is terminated on the grounds that the large balance of revenues and expenses were overduely overdue, etc., and the specific terms and conditions are as follows.
(hereinafter referred to as the “Purchase Agreement of this case.” In the event a lessee terminates a lease agreement under Article 20 of the Lease Agreement entered into between the Plaintiff of Article 3 (Repurchase of Lease Articles) and the lessee of this case, or the lessee fails to pay the lease fee for at least 90 days on three consecutive occasions or on the basis of the number of days in arrears, the Defendant shall re-purchase the leased goods from the Plaintiff as stipulated in Article 4.
IV.(Methods, Amount and conditions of repurchase)
4. Where a lease contract is terminated, the Defendant would pay the Plaintiff the re-purchase price within 60 days from the date of termination of the lease contract, regardless of whether or not to recover the leased property, at the Plaintiff’s request for re-purchase, and recover the leased property from the lessee.
(hereinafter omitted)
4.2Re-purchases shall consist of the following1, (2), (3), and (4):
(1) The unpaid principal (where there is a contract bond, the remaining principal after deducting the amount from the contract bond) as of the date of termination of the lease contract and the period of expiration thereof shall be 102% of the unpaid principal, and the overdue lease and delay damages shall be 3.