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1. The Defendant shall pay to the Plaintiff KRW 138,078,267 as well as 25% per annum from March 26, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On April 25, 2014, the Plaintiff entered into the instant lease agreement with the lessee and the Plaintiff as the lessee and the lessee, and entered into a lease agreement with the following terms and conditions that the Plaintiff wishes to lease the CNC equipment (hereinafter collectively referred to as the “instant lease agreement”) supplied by the Defendant to A (hereinafter referred to as the “instant lease agreement”), and thereafter purchased the instant lease equipment from the Defendant and deliver it to A.
The lease cost of KRW 203,00,000: The lease cost of KRW 4,547,000: the overdue interest rate of KRW 36 months: 25% per annum.
B. On April 25, 2014, the Plaintiff entered into a re-purchase agreement with the Defendant on the ground that the lease agreement of this case was terminated due to overdue payment for at least three months, etc. (hereinafter “the re-purchase agreement of this case”), and the purchase price of this case was determined to include the sum of the following items and the delay damages from the termination date of the lease agreement to the payment date of the re-purchase price:
The amount equivalent to 100% of the remaining principal under the lease agreement. The sum of the remaining principal as of the date of termination of the lease agreement and the agreed amount after the termination of the lease agreement (Provided, That if there is a difference between the date of termination of the lease agreement and the date of payment of the lease agreement, the interest calculated on the remaining principal as of the date of termination of the lease agreement shall be added to the remaining principal as of the date of termination of the lease agreement. (2) The overdue interest calculated from the date of termination of the lease agreement until the date of termination of the lease agreement shall be added to the remaining principal. (3) The overdue interest from the purchase price of the leased object until the date of termination of the lease agreement and its delay damages, etc.
C. On August 1, 2014, the termination of the instant lease agreement and the Plaintiff’s claim for re-purchase A delayed payment of the lease fees, and the Plaintiff was unpaid on November 26, 2014.