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(영문) 서울고등법원 2017.10.20 2016나2052287

리스료 등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On September 16, 2013, the Plaintiff and the Defendant entered into an automobile lease agreement (hereinafter “instant lease agreement”) with the content that: (a) the Plaintiff’s vehicle for the 7,047,856 won per month from the cencing line line line to the Defendant (hereinafter “instant vehicle”) (part 6,917,90 maintenance and management KRW 129,956); (b) the lease term of 36 months; and (c) the delay delay rate of 25% per annum; and (d) the Plaintiff entered into the instant lease agreement with the Defendant.

B. In the event that monthly rent was overdue under the instant lease agreement, the Plaintiff terminated the instant lease agreement on July 2, 2014, and on September 2015, sold the instant vehicle to KRW 80,000,000 on the 25th day of the same month after collecting the instant vehicle from the Defendant’s side, and appropriated it for the obligation under the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, since the lease contract of this case was terminated due to the Defendant’s default, the Defendant is obligated to pay the Plaintiff the debt amount under the lease contract of this case and the damages for delay thereof. 2) The amount of the stipulated loss under the lease contract of this case is scheduled to compensate for the damages suffered by the lessee in the event the goods are destroyed during the lease period or the lease contract is terminated even during the lease period. However, as to the stipulated loss amount in the special agreement of this case ( evidence No. 1 and evidence No. 5-1 of the evidence No. 5), it is recognized that “the period for the cost for acquisition without collection from the date of termination of the lease contract as of the date of termination of the contract shall be the sum of the amount equivalent to 10% of the outstanding principal and the amount for the cost for acquisition without collection from the date of termination of the lease contract as of the date of termination of the contract.”

The amount of non-payment ① The overdue lease fee of 29,950.