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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who engages in wholesale and retail business of medical appliances with the trade name called B, and the Defendant is a lease company that engages in installment financing business, etc.
B. On June 9, 2010, when the lease contract was concluded between C and C, the Defendant agreed to re-purchase the leased goods if the cause for re-purchasing the leased goods supplied by the Plaintiff (as of June 9, 2010, the Plaintiff, at the time of concluding the lease contract (as of June 9, 2010, at the time of the occurrence of the cause for termination of the lease contract or at least three times of the lease fee) occurs with respect to the leased goods supplied by the Plaintiff (as of June 3, 2010, the Plaintiff agreed to re-purchase the leased goods.
C. Upon the nonperformance of C hospital’s repayment, the Plaintiff determined KRW 129,088,985 as the leased principal calculated in accordance with the said re-purchase agreement with respect to the foregoing leased article to be re-purchaseed by the Defendant, and entered into a lease agreement on March 25, 201 with the Defendant (hereinafter “the instant lease agreement”), and recovered the leased article.
(D) The Plaintiff initially asserted that some of the leased items of C Hospital was lost and entered into a lease agreement with the Plaintiff on the premise that the leased items were lost.
The lease term under the instant lease agreement was 36 months, monthly rent was 4,213,90 won, lease interest rate was 10.8% per annum, and overdue interest rate was 25% per annum.
E. The Plaintiff paid the lease fee to the Defendant from April 201 to June 2012, but did not pay the lease fee after July 2012.
F. Around December 21, 2012, the Defendant terminated the instant lease agreement with the Plaintiff.
The Plaintiff’s obligation to pay the principal and interest of the lease to the Defendant at the time was based on December 21, 2012, the total amount of KRW 80,306,233, interest 3,629,273, overdue interest 1,057,831, incidental expenses 253,610, and incidental expenses 85,246.