beta
(영문) 서울중앙지방법원 2015.04.07 2014가단5256028

대여금

Text

1. The defendant 21,163,985 won to the plaintiff and the plaintiff

A. From September 4, 2014, as regards KRW 7,747,840, out of the above money:

B. The above money.

Reasons

1. Facts of recognition;

A. On March 13, 2012, the Plaintiff entered into a lease agreement between the original Defendant and the Defendant with the following terms and conditions.

Lease Goods: Bentts S50 - The method of calculating and paying the rental fees of KRW 50,00,00 per annum; the standard interest rate of KRW 65,565,428 shall be applied at 18.2% per annum; the total amount of KRW 65,528 shall be paid at 36 times in total from April 15, 2012 to March 13, 2015 - the first rental fees of KRW 1,87,106; the first rental fees of KRW 2,74,864; the 36th rental fees of KRW 1,794,3587; the other 33rd rental fees of KRW 1,812,70 per annum; the 35th rental fees of KRW 15,250 per annum per annum per annum per annum per annum per annum per annum per annum per annum per annum; and the 15th rental damages per annum per annum per annum per annum per annum per annum per 25th of the principal.

B. On September 3, 2014, the Defendant delayed the rent from 26th to 29th time, and did not repay the imposed automobile tax to the Plaintiff. On September 3, 2014, the Plaintiff filed the instant lawsuit after having decided to terminate the instant lease contract. The duplicate of the instant complaint stating the intention of termination reaches the Defendant on September 29, 2014.

(Plaintiffs asserted on September 3, 2014 that the notice of termination has been delivered to the Defendant, but there is no evidence to acknowledge it).

(2) On September 3, 2014, when the Plaintiff decided to terminate the lease contract of this case as of the date of termination, the unpaid amount of the lease fees, delayed payment, and automobile tax as of September 3, 2014 is as follows, and on September 3, 2014, the unpaid amount subject to repayment as of September 3, 2014 is KRW 11,950,276, and the amount of the stipulated loss is KRW 1,195,027.

Grounds for recognition: Dispute between the parties.