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(영문) 수원지방법원안양지원 2017.09.14 2017가단160

약정금등

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 36,588,232 and its amount from April 28, 2017 to the date of complete payment.

Reasons

1. On May 2014, as of May 2014, of the 2nd contract number CD contract year 2, 2014, May 2014, 2014, the monthly rent of KRW 1,249,000 for 48 months from the date of delivery of the vehicle for the 36-month period from the date of delivery of the vehicle for the 36-month period from the date of delivery of the 36-month rental period for the 1,249,000 won and less than 30% for less than 2 years from the date of delivery of the vehicle, 10% of the penalty rate of KRW 9,860,00 security deposit of KRW 6,838,000 on June 13, 2014.

The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) and May 2014 and the same year.

6. Two motor vehicle lease agreements were concluded.

B. The Plaintiff claimed a total of KRW 18,170,000 against the Defendant Company, but the Defendant Company only paid KRW 6,647,00 among them, but did not pay the remainder of KRW 11,523,00.

C. Defendant B, while driving a vehicle delivered under the first contract, caused an accident due to drinking on March 9, 2015 while driving the vehicle, and the vehicle involved in the accident exceeds KRW 40,221,401, which is the book value of the vehicle, 34,073,110, while driving the vehicle.

Oto Co., Ltd., in 12,610,000, scrapped and sold.

The sum of the unpaid rental fees, transitional rental fees, penalty, and contract deposit (hereinafter “paid rental fees, etc.”) that the Defendant Company did not pay to the Plaintiff under each of the instant contracts is KRW 14,207,199. The amount of losses incurred due to the scrapping of a vehicle under the instant contract is KRW 22,381,03.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 13, purport of whole pleadings

2. Determination

A. In light of the above facts, the defendant company is obligated to pay 14,207,199 won, such as unpaid rental fees, and delay damages therefrom, unless there are special circumstances. The defendant B is obligated to pay 22,381,03 won, as the employer of the defendant B, and delay damages.

(b).