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서울중앙지방법원 2015.03.27 2014가합30341

리스료 등

Text

1. The defendant shall pay to the plaintiff the amount of KRW 179,180,480 and the amount of KRW 157,177,710 from February 5, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On October 30, 2013, the Plaintiff entered into an automobile lease agreement with the Defendant on the condition that the Plaintiff is operating installment financing and facility leasing business, and that the Defendant and the Defendant enter into an automobile lease agreement (hereinafter “the instant lease agreement”) with the lease amounting to KRW 3,05,00 per hour, the lease period of KRW 60 per hour, the overdue interest rate of KRW 25% per annum.

As of February 4, 2014, 2014, the interest on the portion of the rental fees claimed from December 25, 2013 to February 4, 2014, 2,743,950 late 10,060 late 15,355,860 (on a yearly basis) from December 25, 2013 to December 25, 2014, the amount of unpaid principal excluding the principal in arrears under the standard of February 4, 2014, which was claimed from December 25, 2013 to February 4, 2014.

B. In accordance with the instant lease agreement, the Defendant occupied and used leased property, but did not pay the lease fee to the Plaintiff after December 25, 2013. The details of the Defendant’s arrears as of February 4, 2014 are as follows.

C. According to Article 22(4)1 of the Lease Agreement, if a lessee violates the obligation to pay the lease fees, etc. as provided by the lessee on one occasion, it may set a reasonable period of time and notify the lessee of the performance and terminate the said contract. As the Plaintiff notified the Defendant of the termination of the lease agreement and the period of objection expired, the lease agreement of this case was terminated.

As the lease contract of this case was terminated, the defendant lost the benefit of the due interest for the lease, and the defendant is obligated to pay to the plaintiff 179,180,480 won, which is the sum of the outstanding principal, interest, expenses, etc. as of February 4, 2014 and 157,17,710 won, which is the part of the outstanding principal, to the date of full payment from February 5, 2014.

2. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice);