채무부존재확인
The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 4,925,110 as well as the full payment period from July 19, 2019 to the day of full payment.
1. Basic facts
A. On January 15, 2019, the Plaintiff entered into a contract with the Defendant for long-term lease (hereinafter “instant contract”) with the term of forty-eight months, monthly rent of KRW 2,192,00,00, annual overdue interest rate of KRW 24% per annum, security deposit amount of KRW 29,50,000 (=guarantee insurance of KRW 14,775,000, KRW 14,775,000), early termination penalty rate of KRW 30% (at least two years within the remainder of the contract) x the remainder of the monthly rent x the remainder of the contract x the amount of penalty rate of KRW 30% (hereinafter “the instant contract”). At that time, the Plaintiff received the instant vehicle from the Defendant.
B. The Plaintiff delayed the monthly rent for three months after the delivery of the instant vehicle, and terminated the instant contract with the Defendant on July 2, 2019, and returned the instant vehicle to the Defendant on the same day.
C. On July 5, 2019, the Defendant sent to the Plaintiff a written peremptory notice demanding that the Plaintiff pay KRW 14,775,00,110 remaining after offsetting the deposit amount of KRW 14,775,00 from the overdue loan of KRW 8,909,410, overdue interest of KRW 33,100, and penalty of early termination of contract of KRW 25,532,600, and claiming KRW 14,775,000 from the guarantee insurance of KRW 14,925,110 until July 18, 2019.
[Ground of recognition] Facts without dispute, Eul evidence 1-1, Eul evidence 1-2 (in accordance with the result of written appraisal by appraiser D, it is recognized that the whole document was duly prepared by the plaintiff, and therefore the authenticity of the whole document is recognized), Eul evidence 3 and 4, and the purport of the whole argument
2. Judgment on the principal lawsuit
A. The plaintiff's assertion that the contract for long-term lease of a motor vehicle (hereinafter referred to as "the contract of this case") was made voluntarily by the defendant's employee C, and the defendant did not explain to the plaintiff that "it is required to pay a penalty for termination or not to return the deposit" when leasing the vehicle of this case. Thus, the plaintiff did not explain that "the vehicle rental fee, overdue interest, and penalty for early termination" under the contract of this case are KRW 34,475,110.