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(영문) 수원지방법원 2018.05.18 2017나82697

기타(금전)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. According to the facts without dispute over recognition and the purport of Gap evidence Nos. 1, 2, 5, 7, and 8 and the whole pleadings, the following facts can be acknowledged:

1) On July 1, 2016, the Plaintiff and the Defendant and the Plaintiff’s franchise 300 MuDERN (B) vehicles owned by the Plaintiff (hereinafter “instant vehicle”).

As to the above, a long-term lease contract was concluded to lend KRW 1,125,00 per month, KRW 562,00 per month, and the period from July 14, 2016 to July 13, 2021 (where the remainder of the contract is at least two years, the rate of penalty shall be 30%, and overdue interest rate shall be 24%) Article 21(1)(a) of the above long-term lease contract provides that the lessee shall not engage in an act of allowing any person other than those stipulated in Article 8 to drive the leased vehicle during the contract period (i.e., parents and parents of the adoptive parent, parents of the spouse, parents, children, children, siblings, siblings or children, spouse, etc.). Article 23(1)(g) provides that the lessor shall immediately terminate the lease contract without delay where the lessee performs a prohibited act under Article 21(1)(a) of the above long-term lease contract (i.e., the total termination of the contract period without delay)., the lessor.

3) On November 9, 2016, C, a private village resident of the Defendant, caused an accident of collision between other vehicles which were stopped while driving the instant vehicle under influence of alcohol. (4) On December 29, 2016, the Plaintiff terminated the long-term rental contract for the instant vehicle on the ground of the Defendant’s violation of Articles 8 and 21(1)(a) of the above long-term rental contract.

5 As of December 26, 2016, the overdue rent of the instant vehicle is KRW 2,180,910, the penalty for early termination is KRW 8,601,50, and the repair cost of the instant vehicle is KRW 8,29,440.

(b).