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(영문) 서울남부지방법원 2020.09.17 2019나52803

사용료

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On May 12, 2014, the Plaintiff entered into a long-term lease agreement with the Defendant on the instant vehicle on D’s horse (hereinafter “instant vehicle”) with the following terms (hereinafter “instant contract”). Accordingly, the Defendant received delivery from the Plaintiff and used the instant vehicle.

The lease period: The monthly fee rate of KRW 57,00 for 48 months from the date of delivery: 30% at the time of returning within one year, 20% within two years, and 10% overdue interest rate of 3 years or less: overdue interest rate of 24% per annum at the time of delinquency of monthly user fee shall be paid.

b. If the lessee violates the obligation to pay the rent, etc. one time, the lessor may cancel or terminate the contract and claim the return of the vehicle if the lessee fails to perform the obligation within the given period after demanding the lessee to pay the obligation within a reasonable period of time;

B. From March 1, 2016, the Plaintiff notified the Defendant of the termination of the instant contract and the return of the instant vehicle. On September 15, 2017, the Defendant returned the instant vehicle to the Plaintiff.

C. From March 1, 2016 to September 15, 2017 as of September 28, 2017, the overdue charge is KRW 9,861,50, and overdue interest is KRW 80,886, and the penalty is KRW 467,542, applying 10% of the penalty rate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the contract in this case was terminated by the plaintiff's notice of termination on the ground of the defendant's non-payment of the user fee, and barring any special circumstance, the defendant is obligated to pay to the plaintiff 10,409,928 won in total, including overdue user fee 9,861,50 won, overdue interest 80,866 won, and penalty 467,542 won (the contract was terminated within two to three years from the contract date) and damages for delay.

3. Judgment on the defendant's defense

A. On December 2015, the gist of the Defendant’s assertion.