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(영문) 인천지방법원 2017.10.17 2016가단253708

사용료

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) deliver the vehicles listed in the separate sheet;

(b)23,187,570 won;

Reasons

1. Basic facts

A. On December 7, 2015, the Plaintiff entered into a contract with the Defendant for long-term lease of a motor vehicle listed in the separate sheet (hereinafter “instant vehicle”) (hereinafter “instant long-term lease contract”). The details are as follows.

Vehicle consumer: 32,620,00 won: 14,353,00 won for contract period: 48 months: 626,00 won for monthly rent: 626,000 won for guarantee amount: 626,000 won for guarantee amount: deposit (9%); 2,936,000 won for guarantee insurance (21%); 6,851,000 won for guarantee insurance (21%): Unclaimed pension amount: Unclaimed pension amount 9,787,00 won: Unclaimed pension amount x 200% for daily interest rate: 24% for early termination penalty 】 (total rent for contract period - agreed rent for term) 】 penalty rate for breach of contract (20% for remainder period) 】 (20% for contract period) / (20% for remainder period) for contract (10% for less than two years) / 10% (10% for remainder period for contract period) for less than two years).

B. On December 30, 2015, the Plaintiff received the instant vehicle. On or around January 12, 2016, while driving the said vehicle, the Plaintiff visited the Hyundai Motor Service Center located in the Dong-dong, Dongjak-gu, Seoul, to undergo an inspection, on the ground that the body was sleeped by the vehicle while driving the said vehicle.

In this case, the employees of the Russer stated that there is a possibility of injecting a mixed or similar gasoline even though it is a diesel vehicle, and in that case, there is a lot of repair cost.

C. On January 14, 2016, the Plaintiff received the instant accident by phone calls from the Defendant’s call center, and had the instant vehicle towed the instant vehicle to the Switzerland factory located in Gangseo-gu Seoul Metropolitan Government, the Defendant’s designated maintenance shop under the instruction of the staff in charge.

On April 13, 2016, the Plaintiff paid the repair cost of KRW 392,403 to the above designated maintenance shop and recovered the instant vehicle, the maintenance of which was completed.

E. Meanwhile, the Plaintiff did not pay monthly rent under the above contract to the Defendant at least once after the conclusion of the instant long-term loan contract until the closing of the argument in the instant case.

F. The case does not exceed the standard terms applicable to the long-term loan contract of this case.