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1. The defendant shall pay to the plaintiff KRW 64,520,012 as well as KRW 49,840,73 among them from January 10, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. On December 27, 2013, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) with the Defendant on December 27, 2013, under which the Plaintiff would pay the said goods to the Defendant instead of A, with respect to KRW 165 million and the CNC Line’s 11,000,000 that the Defendant sold to AB. The Defendant would pay the said goods to the Plaintiff in installments during the lease period and the amount equivalent to the interest accrued therefrom.
B. On the same day, the Plaintiff concluded an agreement with the Defendant to re-purchase the instant goods if the said lease contract is terminated due to the delinquency in the lease fee of AB, etc. on the same day, and to determine the amount of re-purchase by adding the contractual provisions under the lease agreement of this case, the loss fee, the overdue lease fee (24%) and the overdue interest thereon (24%) and other expenses (hereinafter “the re-purchase agreement of this case”).
C. Around November 2, 2016, the lease agreement of this case was terminated as of November 2, 2016, and around November 2, 2016. Around November 2, 2017, the Plaintiff sent to the Defendant a certificate of content that he/she would notify the Defendant of the termination of the contract and pay the repurchase price. The above certificate was served on the Defendant around that time.
The re-purchase price calculated as of January 9, 2018 is the total of 49,840,733 won in principal, overdue interest 14,182,122 won in principal, 477,539 won in provisional payments, overdue interest 19,618 won in provisional payments.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, and purport of whole pleadings
2. According to the above facts of determination, the Defendant is 5% per annum under the Civil Act for KRW 64,520,012 of the re-purchase price and KRW 49,840,733 of the principal among them, with respect to the Plaintiff at the rate of 24% per annum from January 10, 2018 to the date of full payment, and for KRW 477,539 of the provisional payment, 5% per annum under the Civil Act from January 10, 2018 to the date of full payment.