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서울중앙지방법원 2015.12.15 2015나18397

대여금

Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. Facts of recognition;

A. On July 27, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to D Body Man-Ma (hereinafter “instant vehicle”) on the following terms:

Defendant B and Selection C have jointly and severally guaranteed the obligation under the lease agreement of this case on the same day.

Lease term: Lease fees for 36 months: One time of 780,746 won, two times through 36 times each month, A shall either return the instant vehicle to the Plaintiff at the expiration of the lease term, or pay KRW 30,990,000 to the Plaintiff.

A When delay in the performance of the obligation owed to the Plaintiff under this Agreement or when the Plaintiff paid expenses for A on behalf of the Plaintiff, A shall additionally pay to the Plaintiff damages for delay calculated at the rate of 24% per annum on the above amount during the period from the due date of the payment of the unpaid amount or the cost of the substitute payment to the due date

B. A returned the instant vehicle to the Plaintiff or paid KRW 30,990,000 to the Plaintiff even after July 25, 2013, which is the expiration date of the instant lease agreement, and thereafter used the instant vehicle without permission until January 8, 2014.

C. On January 8, 2014, the Plaintiff continued a public auction procedure for the instant automobile, and the Selection C acquired the instant automobile in KRW 20,970,000, and completed the ownership transfer registration on the instant automobile.

On January 8, 2014, the notice of termination settlement to A is issued by the Plaintiff, as of January 8, 2014, KRW 31,471,604 [=the settlement amount to be paid by A” = KRW 27,90,00,000, which deducts KRW 3,000,000, which is paid by the Plaintiff at the expiration of the lease term from KRW 30,990,90,000, which is paid by the Plaintiff] 3,05,127 [the above 27,90,000 x (16 days from July 26, 2013 to January 7, 2014, which is the day following the expiration date of the lease term of this case) x KRW 24% per annum, and the amount below KRW 3,00,00] 3,05,127,000; and

[Ground of recognition] dispute.