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(영문) 서울중앙지방법원 2015.05.13 2014나69480

사용료

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On April 22, 2008, Lone Star Lease Co., Ltd. (hereinafter “Plaintiff”) entered into a car lease contract (hereinafter “instant contract”) with Defendant (Lessee), setting the acquisition cost of Hyundai Neow Motor Vehicle as KRW 60,000,000, monthly lease period of 48 months, monthly lease rate of 1,606,700, and overdue interest rate of 24% per annum, and around that time, delivered B Neow Motor Vehicle (hereinafter “instant vehicle”).

B. The contract of this case shall be paid directly by the defendant even if the person liable to pay the taxes, public charges, etc. is the plaintiff, due to the application, enactment, revision, or other administrative measures of the relevant Acts and subordinate statutes after the commencement of the lease period (Article 13(4)). If the defendant fails to pay the above taxes, public charges, etc. at the time, the plaintiff may pay it by substitute. In this case, the defendant shall immediately pay to the plaintiff the amount calculated by adding up the amount of the substitute payment to 24% of the above overdue interest rate (Article 13(5). If the defendant violated the obligation to pay the lease fees, insurance premiums, etc. under the contract of this case one time after the peremptory notice, the contract of this case may be terminated if it has not been performed after setting the extended period to the defendant. (Article 20(4)2); if the contract of this case was terminated after the commencement of the lease period, the defendant shall immediately suspend the use and profit of the goods, return the goods at his own expense, and provide the plaintiff with all necessary damages before the termination date of the contract and termination date.