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(영문) 서울남부지방법원 2015.11.06 2015가단225480

사용료

Text

1. The Defendants jointly share KRW 39,693,00 with respect to the Plaintiff and KRW 24% per annum from June 19, 2015 to the date of full payment.

Reasons

1. There is no dispute between the parties as to each of the facts stated in the separate sheet of claim concerning the plaintiff's claim.

As the principal debtor, Defendant A and C are jointly liable to pay to the Plaintiff the sum of KRW 39,693,000, including overdue rent and penalty, and delay damages, together with the statement of “A loan and penalty” in the attached Form, as the guarantor.

2. Determination as to Defendant C’s assertion

A. Defendant C’s assertion did not notify the Plaintiff of the penalty, etc. at the time of entering into the instant contract.

In addition, if the user fee is in arrears, all vehicles should be brought about due to each vehicle, and the three vehicles are not used, and thus, the entire vehicle was brought to. Therefore, the plaintiff cannot respond to the plaintiff's request.

(B) The purport of offsetting the Plaintiff’s damage claim due to vehicle recovery.

Judgment

Even if the terms and conditions are the matters stipulated in the terms and conditions, if they are general and common in the transaction, so long as the policyholder could have sufficiently predicted without any separate explanation, or if they are merely a mere degree of refusing or delaying what is stipulated in the laws and regulations, the insurer cannot be deemed to have an obligation to specify and explain such matters

(2) On April 27, 2007, when a vehicle lease agreement fails to pay a fee, the burden of penalty is general and common to the transaction, and thus, it can be sufficiently anticipated without a separate explanation. Since the penalty determined by the Plaintiff is no more than ordinary transaction, there is no ground to see that the penalty is equivalent to the ordinary transaction, it is not acknowledged that the Plaintiff is not obliged to explain and explain. In addition, according to each form of evidence No. 1 through No. 9, according to the statement of evidence No. 2, it is limited to the portion of the “liability penalty” written in the same letter, and it is based on the part of “30% of the remaining days.”