beta
(영문) 부산지방법원 2016.04.28 2015가단69095

렌탈대금

Text

1. As to KRW 17,044,773 and KRW 16,916,486 among them, the Defendant shall pay to the Plaintiff the year from September 11, 2015 to April 28, 2016.

Reasons

1. Basic facts

A. On February 6, 2015, the Plaintiff concluded a long-term lease contract (including value-added tax; hereinafter “long-term lease contract”) with a vehicle (number B, vehicle price of KRW 63,400,000, hereinafter “instant vehicle”) with the Defendant as the contract term from February 12, 2015 to February 11, 2019 (48 months), monthly rent of KRW 1,300,70 (including value-added tax).

B. The main contents of the instant contract are as follows.

Article 4 (Guarantee Deposit (Deposit for Performance) (1) In order to secure the performance of all kinds of obligations to be borne by a lessee under this Agreement, a lessee shall pay a lessor a guarantee amount in cash at the same time as this Agreement enters into.

(2) A lease deposit may be substituted by a performance bond, and a lessee shall provide the original of the securities to the lessor by the date preceding the date on which the vehicle is placed.

(4) If the lease period expires or the lessee becomes grounds for termination of this contract, the lessor may appropriate it for the repayment of all obligations under this contract to be borne by the lessee with the lease deposit.

Provided, That where the lease deposit is insufficient to extinguish the whole debt of the lessee, the lessor may appropriate it in the order of expenses, the amount of the deposit, the interest, the rent, the early termination fee, etc.

(5) Even where a lessee has replaced a deposit with a performance guarantee insurance policy, the repayment of all obligations under this contract shall be applied as referred to in this Article (4), and the lessor may exercise his/her right as a performance guarantee insurance policy.

Article 13: (1) In the event that this contract is terminated or terminated under Articles 17 and 18 of the Terms and Conditions, the lessee shall without delay pay the lessor the fee for early termination according to the following formula:

Provided, That it shall be limited to cases where procedures for the return of vehicles under Articles 19 and 21 are implemented and completed.

Fees for early termination = (End Lending Fee at the time of termination) x fee rate.