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(영문) 대구지방법원서부지원 2016.11.17 2016가단11893

차량렌트대금등

Text

1. The defendant shall be the plaintiff.

A. 30,874,32 won and 24% per annum from July 8, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. On November 4, 2013, the Plaintiff: (a) on November 18, 2017, leased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant as KRW 745,00 per month by November 18, 2017; and (b) on a deposit amount of KRW 8,805,000 per month (substitute with a guaranty insurance policy).

(hereinafter “instant lease agreement”). B.

In the instant lease agreement, when a lessee violates two or more times the rent payment, the lessor notified the lessor of the performance within a reasonable fixed period, and if the performance is not performed within the said period, the lessee may terminate the contract and claim the return of the instant motor vehicle.

C. However, as the Defendant began to pay the rent from June 2014, the Plaintiff sent to the Defendant on November 13, 2014, and the Plaintiff did not pay the rent of KRW 2,235,00 for the three-month rent in arrears by November 17, 2014, if the Plaintiff did not pay the rent of KRW 2,235,00 by November 17, 2014, and the Defendant did not pay the rent by the said deadline.

According to the instant lease agreement, where a lessee is in arrears and the contract is terminated, the lessee shall pay the lessor a penalty for early termination (payment 】 the penalty for early termination 】 the refund termination 】 the refund payment (day rental 】 the number of days elapsed x 200%) and the returned land pension (payment x 200%). On June 30, 2016, the Defendant failed to return the instant vehicle by June 30, 2016, the penalty for early termination occurred during that time (=24,403,673 x 30%) and the returned land pension 29,402,272 x 30 x 592 x 592 x 17, 200 x 200 x 200 % of the refund delay x 200 x 200 % of the rental fee due to the delayed termination / 295, 2095, 206, and 2095).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The above recognition.