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(영문) 수원지방법원 2016.09.07 2015가단2139

자동차인도 청구

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1. The Plaintiff (Counterclaim Defendant) is simultaneously paid KRW 7,193,610 from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. On December 27, 2007, the Plaintiff, a company operating the lease financial business, entered into a management lease agreement with the Defendant, which provides for 48,786,630 won per annum, 36 months per lease term, 9.65% per annum of lease interest rate, 20% per annum of acquisition cost, 25% per annum of overdue interest rate, and remaining value: 20% per annum of acquisition cost (hereinafter “the lease agreement of this case”). On the same day, the Defendant received delivery of the instant automobile from the Plaintiff.

B. According to the instant lease contract, the lessee uses the leased object during the lease period and pays the lease fee periodically in installments. The lessee shall fulfill his duty of due care as a good manager in using and taking profits from the instant vehicle. All kinds of obligations concerning the maintenance and management of the instant vehicle shall be borne by the lessee, and the instant vehicle shall be returned to the Plaintiff without delay where the contract is terminated or the lease term expires.

In addition, various taxes, public charges, penalties, and other various expenses incurred during the lease period shall be borne by the Defendant even if the payer is the Plaintiff, and the Plaintiff shall not be liable. The Defendant shall immediately pay the corresponding amount to the Plaintiff or submit a receipt after the payment is made if there is any unpaid amount among various taxes, public charges, insurance premiums, administrative fines, penalties, transfer of ownership, and other expenses incurred due to the cause before the termination or cancellation of the lease contract of this case, the return of the goods to the Plaintiff at the time of the termination or termination of the lease contract of this case, or the transfer of ownership, and other expenses incurred by the Defendant. The same shall apply where the said expenses are additionally discovered after the termination or termination of the lease contract of this case.