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(영문) 청주지방법원 2016.08.05 2013나25911

리스채무금

Text

1. The defendant's appeal is dismissed.

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

3.The reduction of claims in the trial shall be made.

Reasons

1. Facts of recognition;

A. On July 29, 201, the Plaintiff entered into a contract with the Defendant to lease the Belgium B vehicle (hereinafter “instant vehicle”) with the acquisition cost of KRW 20,950,00, and the lease term of KRW 552,100 from July 29, 201 to July 29, 2014 (36 months), the lease deposit of KRW 2,095,000, the overdue interest rate of KRW 24%, the estimated residual value of KRW 10,475,00 (hereinafter “instant contract”). The Plaintiff’s terms and conditions attached to the instant contract (hereinafter “instant terms and conditions”).

Article 24 (Aggravated Termination Fees) (1) In case of returning a motor vehicle for earlier termination, the customer shall pay the fee for early termination as determined by the financial company to the extent permitted by the law.

Fees for early termination = (The estimated residual value of the residual loan) ¡¿ Attached fee rate (5-30%) 】 The fee rate of 30% shall apply in the case of the termination period of not more than 18 months and the lease period of not more than 12-36 months.

B. On May 2, 2012, the Defendant notified the Plaintiff of the termination of the instant contract while taking over the instant vehicle from the Plaintiff.

C. According to the statement of automobile lease termination issued by the Plaintiff to the Defendant on May 2, 2012, the amount that the Defendant is to pay to the Plaintiff upon the termination of the instant contract is KRW 128,82, 239,740, and KRW 7,596,812, which is the sum of KRW 7,965,374, and KRW 2,095,000, which is the remainder after deducting the lease deposit amount from KRW 7,965,374 (= KRW 7,965,374 - KRW 2,09,00).

(A) The Defendant asserts that the Plaintiff calculated the earlier termination fee based on the lease fee of KRW 552,100,00, including value-added tax, but, in the case of lease, the Plaintiff provided the maintenance service with the financial services.