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(영문) 서울남부지방법원 2018.05.30 2017가단253847

리스료

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 80,807,886 and KRW 80,203,613 among them.

Reasons

1. Basic facts

A. On February 18, 2016, the Plaintiff entered into a car lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the vehicle at Centts owned by the Plaintiff (hereinafter “instant vehicle”), with the monthly rent of KRW 2,814,670 (2,749,950, 250, 25 days, and 5 days later), the lease period of 48 months, the overdue interest rate of 25% per annum (hereinafter “instant lease agreement”). On the same day, Defendant B jointly and severally guaranteed the Defendant Co., Ltd.’s liability under the instant contract within the scope of KRW 170,878,620.

B. The main contents of the automobile lease standard terms and conditions incorporated into the instant lease agreement are as follows.

Article 10 (Lease Deposit) (1) In order to secure the performance of all kinds of obligations to be borne by a customer under this Agreement, a customer shall pay the deposits specified in this Agreement to a financial company at the time of the conclusion of this Agreement, and the financial company shall not pay interest thereon.

(3) The lease deposit may be appropriated for the repayment of all or some of the obligations to financial companies, including the lease fees in arrears by customers, and in such cases, the deposit shall be appropriated in the order of expenses, interest, and principal.

However, the order of appropriation may vary if the customer is no less favorable than that of the customer.

Article 20 (Cancellation of Contracts by Financial Companies) (2) Where a customer delays monthly rent more than two consecutive times a month, the financial company may request the customer to terminate the contract after notifying the customer of the fact of delay of performance of the obligation and the termination of this Agreement at least three business days prior to the date of termination of the contract, and where the customer fails to notify the customer of the termination date of the contract at least three business days prior to the date of termination of the contract, the date on which three business days

(4) Where a contract is terminated due to the occurrence of a cause under this Article, the customer shall pay damages incurred to the financial company according to the method of dealing with motor vehicle.