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(영문) 서울남부지방법원 2016.01.29 2014가단70201

리스료

Text

1. The Defendant calculated 29,425,240 won with respect to the Plaintiff and 19% per annum from December 24, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant, upon the solicitation of B engaged in the vehicle brokerage business, intended to purchase one vehicle A4 vehicle (hereinafter “instant vehicle”), issued B a certificate of personal seal impression, a certificate of employment, a certificate of employment, a certified copy of resident registration, and a copy of a deposit passbook.

B. On December 16, 2013, with respect to the purchase of the instant vehicle under the name of the Defendant and the Plaintiff, the acquisition cost of KRW 52,503,070, monthly rent of KRW 953,900, KRW 941,712, KRW 9,820,000, annual interest rate of KRW 19% as follows: (a) the automobile lease agreement (i.e., evidence 1; hereinafter “the instant lease agreement”); (b) the automobile acquisition certificate under the name of the Defendant (hereinafter “the instant lease agreement”); and (c) the vehicle acquisition certificate under the name of the Defendant (hereinafter “the instant vehicle acquisition certificate”); and (d) the vehicle acquired.

Article 13 (Prohibited Acts) No customer shall commit any of the following acts without the prior written consent of the financial company:

1. Transfer of a customer’s right stated in the transfer, sub-lease or agreement of a motor vehicle to a customer under Article 30 (Advance termination of a contract by a financial company) (3) If a financial company is expected to have a substantial risk in the preservation of claims as a result of any of the following causes or events set forth in Article 8(3) and (4) of the General Terms and Conditions for Credit Transactions, the financial company shall urge the customer in writing to address the cause arising and if the customer fails to resolve the cause by the deadline set by the financial company not less than 10 days from the date of arrival of the notice, the financial company

2. Where he commits a prohibited act as prescribed in Article 13;

C. C received the instant vehicle, and delivered it to D, the bondholder, and D received monthly user fees and leased the instant vehicle to a third party.