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(영문) 서울중앙지방법원 2020.08.26 2020가단5026730
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,463,082 and KRW 17,668,035 among them, as regards the Plaintiff’s KRW 31,463,082. From December 1, 2017 to February 6, 2020.

Reasons

Facts of recognition

On June 25, 2009, the Plaintiff entered into a financial transaction agreement with D Co., Ltd. (hereinafter “D”) with the effect that D Co., Ltd. (hereinafter “D”) shall provide financial convenience to customers who purchase public machinery from the Plaintiff in accordance with certain lease standards; and D may terminate the lease agreement with the lessee on the ground of overdue rent, etc.; and if D’s overdue payment exceeds 90 days, D may file a claim with the Plaintiff for re-purchase of the leased object; and the Plaintiff entered into a financial transaction agreement with the effect that D shall pay the sum of the unpaid principal and other incidental expenses as the re-purchase price within 30 days from the date of the request for re-purchase.

(2) On October 31, 2012, D entered into a facility lease agreement with Defendant (F) on the Plaintiff’s product value of KRW 23,650,000 (hereinafter “instant lease agreement”). Under the instant agreement, D entered into a facility lease agreement on the Plaintiff’s product value of KRW 23,650,000 (hereinafter “the instant lease agreement”). The Plaintiff paid the Plaintiff the money equivalent to the said mechanical cost, and then made it available for the Defendant to use the leased product.

(hereinafter “instant lease agreement”). D, on March 18, 2016, requested the Plaintiff to re-purchase the instant lease property at the amount indicated below pursuant to the instant agreement, as the Defendant delayed the payment of the lease fees for 899 days under the instant lease agreement.

The Seoul Central District Court rendered a judgment dismissing the appeal on September 20, 2017 that the Plaintiff filed a claim for re-purchase of the lease principal as the lease fee principal, interest, delay damages, and other expenses advance payment claim amount of 17,68,035 1,668,590 5,010,305 39,276 24,677 24,361,529, and that the Seoul Central District Court filed a lawsuit against the Plaintiff for re-purchase of the lease principal as the Seoul Central District Court 2016Kahap525409, and that the above re-purchase amount and the delay damages should be paid on March 28, 2019.

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