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(영문) 의정부지방법원 2015.01.08 2014가합53490

대여금

Text

1. The Defendant’s annual interest in KRW 108,687,362 and KRW 108,495,803 among the Plaintiff, from June 17, 2014 to August 7, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff Company concluded the instant automobile lease agreement with the Defendant with the following content:

On January 14, 2014, the contract date for the 9.3% overdue interest rate of 9.3% per annum on a 24% overdue interest rate of 3,477,300 won per annum, and other insurance premiums, penalties and fines for negligence incurred by the driver's negligence during the 36-month contract period.

B. At the time of concluding the above contract, the plaintiff and the defendant agreed that "if the defendant has failed to pay the rent on more than two consecutive occasions, the plaintiff notified the defendant to perform his obligation within a reasonable period of time, and if the defendant fails to perform his obligation within the said period, the plaintiff may immediately terminate the lease contract, lose the benefit of time, and claim the return of the automobile for lease along with the related debt already incurred," and the defendant agreed to compensate the plaintiff for damages in addition to the overdue lease if the return of the vehicle is not performed even after the lease contract was terminated.

C. On June 12, 2014, the Plaintiff Company terminated the instant automobile lease agreement as the Defendant did not pay rent more than twice consecutively.

The remaining debt amount of the Defendant against the Plaintiff is KRW 108,687,362 [the monthly payment of KRW 10,091,387 per month and KRW 180,000 per annum 136,174,416 (the termination fee of KRW 12,379,492) (the book value of the unpaid principal of KRW 123,794,92)] as of June 17, 2014. The remainder of the Defendant’s debt amount to the Plaintiff is KRW 108,687,362 [the total debt amount of KRW 10,00 per month paid in arrears, KRW 10,091,387 per month, and KRW 180,00 per annum 1,59]. The purport of the entire pleadings is as follows.

2. According to the facts of the above recognition as to the Plaintiff’s claim, the Defendant’s claim shall be KRW 108,687,362 and KRW 108,495,803 (=total amount of KRW 108,687,362- damages for delay 191,559), as the Plaintiff seeks, from June 17, 2014 to August 7, 2014.