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(영문) 서울중앙지방법원 2020.07.21 2020가단5050863

사용료

Text

1. The defendant shall pay to the plaintiff KRW 22,792,337 and interest rate of KRW 25% per annum from June 24, 2020 to the day of complete payment.

Reasons

Facts of recognition

On September 29, 2016, the Plaintiff entered into an automobile lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease amount of KRW 142,952,720, the lease period of KRW 48 months, the lease deposit of KRW 45,696,00, the monthly lease fee of KRW 2,747,70, the applicable interest rate of KRW 885% per annum, and the overdue interest rate of KRW 25% per annum.

From November 25, 2019, the Defendant delayed to pay the lease fee under the instant lease contract from around November 25, 2019.

As of June 23, 2020, the Plaintiff’s claim amount as of June 23, 2020 is KRW 64,36,680, interest 2,176,710, delay damages, KRW 528,290, and KRW 1,134,210, the deposit amount of KRW 45,696,00,000, in the order of the principal, interest, and principal, the remainder of the outstanding principal amount that remains after being appropriated for each of the claims is 2,792,37.

[Ground of recognition] According to the above facts of absence of dispute between the parties, each statement of Gap's evidence Nos. 1 through 3, and all of the arguments, the court below held that the defendant is obligated to pay to the plaintiff the agreed delay damages calculated at the rate of 22,732,337 won of the outstanding principal of the lease contract of this case and 25% per annum from June 24, 2020 to the date of complete payment, which is the day following the above basic date.

In conclusion, the plaintiff's claim of this case is reasonable and acceptable.