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(영문) 서울중앙지방법원 2016.01.13 2015나42345
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On December 13, 2013, the Plaintiff entered into a lease agreement (facility lease) with C engaged in the manufacturing business under the trade name “D,” the Plaintiff is a lessee and C, and the Plaintiff is a lessee. On the other hand, the Defendant’s mid-term and mid-term and mid-term public works 3rd CNC mining machines (200 type, OM), mining machines (198 type, Sim, 196 type, 196 type, Mobcoki) respectively (hereinafter “the instant lease object”).

) The lease agreement provides that the acquisition cost shall be KRW 210,00,000, and the lease term shall be KRW 36 months (from December 13, 2013 to December 13, 2016) from the date of receipt of the instant lease (hereinafter “the lease agreement of this case”) and KRW 3,530,70 per month, 36 each, 23.1% of the overdue interest rate of KRW 1 to 30 days, 23.4% of the 31 to 60 days, 23.4% of the 60-90, 23.7% of the 91 to 24% of the 91 day (hereinafter “the lease agreement of this case”).

(2) On December 13, 2013, the Plaintiff purchased the instant leased object from the Defendant and delivered it to C around that time under the instant lease agreement.

B. 1) On December 13, 2013, the Plaintiff entered into a repurchase agreement with the Defendant, who is engaged in manufacturing and selling public machinery, and due to the lessee C’s default on lease fees, etc., if the lease agreement is terminated due to the termination of the lease agreement of this case, the Plaintiff entered into a repurchase agreement with the Defendant to repurchase the leased property of this case (hereinafter “instant repurchase agreement”).

(2) The main contents of the instant re-purchase agreement are as follows.

Article 6 (Request for Termination and Re-Purchase of Lease Contract) ① During the lease period and the re-lease period under Articles 2 and 7(4) of the Lease Agreement, Article 22 Subparagraph 2 of the said Lease Agreement (Agreement on Re-Purchase of Facilities Lease) is stipulated as “Article 12”, but the pertinent provisions of the Lease Agreement in fact are Article 22 of the said Lease Agreement, and thus, the said “Article 12” is clearly stated as “Article 22” (i.e., the said “Article 12” is a clerical error of “Article 22”).

loss of benefit of time and contract.

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