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(영문) 서울고등법원 2016.11.24 2016나2042600
재매입대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) sold the machinery, etc. at KRW 80 million, respectively, to the Plaintiff, who is engaged in the business of facility leasing business and installment financing business, with the price of KRW 90,000,000,000 for the mid-term punching presses on March 31, 2014, and ② on April 2, 2014.

(hereinafter referred to as “each of the instant machines”) b.

(1) On March 31, 2014, the Plaintiff entered into a siren lease agreement with C, each of which is to lease one of the above mid-term punching presses and two of which is to receive the relevant sirens on April 2, 2014 (hereinafter “each of the instant sirens agreement”).

2) On the same day, between the Plaintiff and the Defendant Company, C did not perform the obligation to pay rental fees under each of the instant sirens, and upon termination of each of the instant sirens contract, the Defendant Company concluded a repurchase agreement with the Plaintiff to repurchase each of the instant machinery subject to each of the instant sirens contract (hereinafter “each of the instant repurchase agreements”), and Defendant B, the representative of the Defendant Company, respectively, jointly and severally guaranteed the Defendant Company’s obligation to pay rental fees to the Plaintiff in accordance with each of the instant repurchase agreements.

C. The implementation of each of the instant sirens contract 1) However, C delayed payment of the sirens under each of the instant sirens contract. The Plaintiff sent a written notice to C around April 2, 2015, around June 4, 2015, and around July 14, 2015, demanding C to perform its duty to pay the sirens by setting a reasonable period (within the period: July 28, 2015). However, C did not perform its duty to pay the sirens within the said period. However, C sent a written notice to C around August 31, 2015 that each of the instant sirens contract will be terminated, and the notice reached C around that time.

1. Requests for repurchase and repurchase price 1.

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