약정금
1. The defendant shall pay to the plaintiff KRW 32,986,992 and KRW 31,477,149 among them, from March 7, 2019 to the day of full payment.
1. Facts of recognition;
A. On August 9, 2017, the Defendant’s ASEAN leased D vehicles under the name of the Defendant (hereinafter “instant vehicle”) at KRW 1,346,00 per month from the Plaintiff, 48 months from the delivery date of the leased vehicle, and 24% per annum (hereinafter “instant contract”).
B. On August 14, 2017, C received delivery from the Plaintiff and used the instant vehicle, but did not pay monthly rent under the instant contract to the Plaintiff.
C. On November 23, 2018, the Plaintiff notified C of the termination of the instant contract on the grounds of delinquency in monthly rent, etc., and recovered the instant vehicle from C on November 23, 2018.
C At present, 8,013,309, additional user fees of KRW 6,505,029, penalty of KRW 13,782,51, administrative fines of KRW 176,30, customer charges of KRW 2,500,00, and KRW 31,477,149 and overdue interest of KRW 1,509,843 are not paid to the Plaintiff.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. The allegations by the parties and their determination
A. The plaintiff's assertion that the plaintiff is the defendant, and the defendant asserts that the plaintiff should pay the unpaid rental fee, etc. and the delay damages pursuant to the contract of this case to the plaintiff, while the defendant asserts that the party who entered into the contract of this case with the plaintiff is not the defendant but the defendant's children C, so it is impossible to respond to
B. In full view of the reasoning of the evidence duly admitted earlier, the following facts are acknowledged: (a) the “person in charge of conclusion” of the instant contract and the “subscriber” column of the vehicle acceptance certificate; (b) the Plaintiff’s resident registration certificate under the name C at the time of entering into the instant contract; (c) the confirmation of personal signature with respect to C as to the preparation of the modifying E head of Sungnam-si E/Sdong E/S.;
However, according to the evidence above, the contract of this case is concluded.