사용료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On May 24, 2012, the Plaintiff entered into an automobile lease agreement (hereinafter “instant lease agreement”) with the Defendant on the basis of the lease company’s Plaintiff, lessee, Defendant, monthly lease amounting to KRW 2,168,60, 36 months, repayment method equal repayment of principal and interest, overdue interest rate equal, and 24% per annum on each of the lease agreements (hereinafter “instant lease agreement”).
B. As of July 17, 2015, the Defendant returned the instant vehicle to the Plaintiff. As of June 30, 2015, the remainder of the lease price was KRW 15,225,020 in total ( principal KRW 14,569,173 for delay damages of KRW 578,777).
[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 24% per annum from July 18, 2015, which is the day following the date on which the last calculation of damages for delay is made, to the day of full payment, with the agreed damages for delay calculated at the rate of 15,225,020 won and the principal of 14,569,173 won.
B. The Defendant asserted that, around May 2015, the Plaintiff promised not to claim the remainder of the rent, excluding the principal, if the Plaintiff returns the instant vehicle to the Plaintiff. However, there is no evidence to acknowledge the said assertion.
In addition, the defendant asserts that the error in the application for the lease contract of this case cannot respond to the plaintiff's claim, but there is no evidence to acknowledge the above argument.
Therefore, we cannot accept all the above arguments of the defendant.
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.