beta
(영문) 창원지방법원마산지원 2016.05.26 2016가단100297

사용료

Text

1. The defendant shall pay to the plaintiff KRW 30,01,266 and KRW 30,000,370 among them, from December 5, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 13, 2014, the Plaintiff entered into an automobile leasing agreement with the Defendant with the following content.

- Agreed Period: 60 months - Monthly rent of KRW 762,900 - overdue interest rate of KRW 24.00 per annum: remaining value of KRW 14.374,00 per annum - Model Name: The franchise 3.0 PREIUM A/T - Vehicle number of the vehicle: B - The defendant shall pay the fee for overdue termination separate from the overdue lease if he/she intends to return the vehicle due to termination of the lease agreement.

- If the defendant fails to comply with the procedure for return or purchase of the motor vehicle, the defendant may claim the statutory damages.

B. The Defendant started to pay the rent in arrears and demanded the Defendant to pay the rent in arrears on several occasions, but failed to pay it. The Plaintiff notified the termination of the lease agreement if the Plaintiff did not pay the full amount of the overdue rent, but the above lease agreement was terminated on November 20, 2015 due to the Defendant’s failure to pay the overdue rent.

C. As of December 4, 2015, the Defendant’s obligation to pay to the Plaintiff, as of December 4, 2015, is KRW 30,01,266, excluding KRW 3,506,00,00,000, in total of KRW 31,967,547,547, which is the sum of the basic settlement amount, including lease fees and insurance premiums, and the termination fees and the outstanding principal.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 30,01,266 won and 30,000,370 won among them (excluding delay damages 10,896 won) at the rate of 24% per annum, which is the overdue interest rate from December 5, 2015 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.