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(영문) 수원지방법원 2019.05.22 2019나58209

사용료

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 May 18, 2017, the Plaintiff entered into an automobile leasing agreement (hereinafter “instant lease agreement”) with the Defendant for a period of 48 months, monthly rent of 672,640 won (i.e., monthly rent of 612,040 won), and an automobile leasing agreement with the Defendant for a rate of 24% per annum (hereinafter “instant lease agreement”).

B. In concluding the instant lease contract, the Plaintiff and the Defendant agreed to terminate the instant lease contract and claim the return of the automobile if the Defendant delayed the monthly rent more than twice, and the Defendant paid the Plaintiff early termination fees (see Article 20). In the event that the Defendant paid the aforementioned early termination fees, he/she repaid all obligations including the amount owed to the Defendant as of the termination date, and did not pay the amount to be paid by the payment date to the Plaintiff, including the unpaid lease fees and the amount to be borne by the Defendant under the agreement (see Article 24), and the Defendant agreed to pay the Plaintiff damages for delay calculated by multiplying the said amount by the interest rate of 24% per annum from the date of payment to the date of full payment.

(see Article 27). (c)

The Defendant paid the above rent to the Plaintiff by May 20, 2018 and did not pay the above rent on June 20, 2018 and July 20, 2018. The Plaintiff notified the Defendant of the termination of the instant lease agreement on July 26, 2018. The Defendant’s obligation to pay to the Plaintiff as of August 24, 2018 (including value-added tax), totaling KRW 1,342,536 (including value-added tax), totaling KRW 56,153, totaling the overdue rent, totaling KRW 40,00, totaling KRW 10,145,644, total early termination fee, KRW 11,584,333,00 (i.e., KRW 10,536,536,530,005, KRW 4014,645,015).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall, unless there are special circumstances.