beta
(영문) 서울중앙지방법원 2015.03.31 2014가합57551

리스료

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 182,632,385 and the interest rate thereon from October 29, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs installment financing and facility leasing business.

On December 31, 2012, the Plaintiff entered into an automobile lease agreement (contract number C) with Defendant A, which set the lease term of 48 months, monthly lease fee of 6,983,400 won, and annual interest rate of 25% at the time of arrears, as the lease term of 48 months, monthly lease rate of 6,983,400 won, and annual interest rate of 25% at the time of delinquency.

(hereinafter “instant lease agreement”). Defendant B guaranteed the instant lease agreement on the same day.

B. According to the lease contract of this case, ① a person who fails to perform his/her obligation under the contract entered into with the Plaintiff at the due date, violates the provisions regarding an important prohibited act under the contract, or allows a third party to use his/her vehicle without the prior written consent of the Plaintiff, etc. If the Defendant A fails to perform his/her obligation within the specified period, the Plaintiff may terminate the contract (Article 18 subparagraphs 2 and 3 of the lease contract of this case), ② the Plaintiff may claim the return and disposition of the vehicle, the sum of the termination amount of the contract and the damages for delay thereof, and all legal measures for recovery of the claims of the Plaintiff, the guarantee contract for the joint guarantor, or the secured document, and ③ the Defendant A shall pay damages for delay calculated at the interest rate specified in the detailed statement if it delays the performance of the obligation arising after the termination of this contract and the contract (Article 19 of the lease contract of this case).

(Article 7. C).

Defendant A transferred possession of the instant leased object to a third party for use, and delayed payment of rent from October 15, 2014.

Accordingly, the Plaintiff exercised the right to terminate the lease contract of this case by serving the complaint of this case.

At the time of October 28, 2014, the remaining debt amount, such as the lease fee, for Defendant A was KRW 182,632,385.

[Reasons for Recognition] Defendant A: each of paragraphs 1 through 4.