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(영문) 서울중앙지방법원 2015.06.16 2014가단210225

사용료

Text

1. The Defendants are jointly and severally liable to pay 48,794,30 won and 42,189,516 won among them to the day of full payment.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(However, the Plaintiff received reimbursement of KRW 11,00,000,000 from the Defendants on February 16, 2015, and subsequently amended the purport of the claim as stated in the disposition of the Defendants)

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

2. According to the overall purport of Gap evidence No. 1-2, Gap evidence No. 1-2, Gap evidence No. 4, Gap evidence No. 5, and Gap evidence No. 1-5, the plaintiff entered into a car lease contract with the defendants on December 19, 2013 at the rate of 1,932,390 won, lease period of 36 months, and 24% per annum of interest on delay. ② The defendants notified the defendant A of the termination of the lease contract on May 21, 2014; ③ The plaintiff notified the defendant A of the termination of the lease contract on April 17, 2015 at the rate of 42,189,516 (i.e., the unpaid principal collected (i., 53,49,71, 749, 701, 304, 305, 305, 305, 305, 304).

Thus, Defendant B is jointly and severally liable with Defendant A to pay to the Plaintiff the unpaid amount of KRW 48,794,30 and the unpaid principal of KRW 42,189,516 at the rate of 24% per annum, which is the rate of delayed damage from April 18, 2015 to the date of full payment.

3. According to the conclusion, the Plaintiff’s claim against the Defendants is accepted on the grounds of merit.