(영문) 서울동부지방법원 2019.05.23 2018가단5356

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.05.23 2018가단5356

장비대금 반환

Text

1. The Defendant shall pay to the Plaintiff KRW 47,79,600 and the interest rate of KRW 5% per annum from March 29, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On September 26, 2017, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with the Plaintiff operating the “C” to sell the “spine M-1” (hereinafter “instant equipment”) to KRW 55 million (including value-added tax) and paid the price by means of a financial lease. The Defendant entered into a special agreement with the effect that “if necessary according to a separate agreement, return may be made within three months, and the expenses incurred therefrom shall be borne by the Defendant” (hereinafter “instant special agreement”).

B. For this purpose, on October 13, 2017, the Plaintiff entered into a contract for facility leasing (lease) with D Co., Ltd. with the supplier as the Defendant and with the leased object as the instant equipment, and with the monthly rent of KRW 2,395,800 (the first installment shall be KRW 2,408,80), the lease period of KRW 24 months, the overdue interest rate of KRW 24% per annum.

C. On January 11, 2018, when the Plaintiff was using the instant equipment upon delivery, the Plaintiff requested the Defendant to return the instant equipment in accordance with the instant special agreement within three months from the date of the conclusion of the said lease agreement, and the said request reached the Defendant around that time.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, on January 11, 2018, the Plaintiff requested the Defendant to return the instant equipment in accordance with the instant special agreement, and the instant sales contract was rescinded, and the intent to cancel the contract reached the Defendant around that time. As such, the instant sales contract was lawfully rescinded upon the Plaintiff’s exercise of the right to rescind the contract.

After concluding the instant sales contract with the Defendant, the Plaintiff entered into a lease agreement to pay the purchase price, and paid the purchase price to the Defendant by having the lessee pay the purchase price to the Defendant through the said lease agreement.

Therefore, unless there are special circumstances.

유사 판례

-대전지방법원 2018.08.07 2017가단216971

-광주지방법원목포지원 2015.04.21 2014가단53248

-수원지방법원 2014.07.17 2014가단12160

-서울북부지방법원 2018.05.30 2017나38998

-서울중앙지방법원 2019.07.05 2017가합544230