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(영문) 인천지방법원 2015.12.08 2015나53582

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

1..

Reasons

1. Facts of recognition;

A. On July 30, 2010, the Plaintiff’s vehicle number with the Defendant, YF v.

B. hereinafter referred to as “instant automobile”

(2) The term “one unit of a vehicle lease agreement” is set at 48 months, monthly rent of 547,360 won (including value-added tax. The date of payment is changed in sequence and the date of termination of the contract will be the 10th day of each month), and the interest rate of arrears shall be 24% per annum (hereinafter “instant lease agreement”).

B) The Plaintiff and the Defendant concluded the instant lease agreement: (i) set the annual operating distance of the instant automobile at 2.5,00 km; (ii) agreed to pay the excess operation charges (Article 15 of the Terms and Conditions) for the distance exceeding 5,000 km after the termination of the instant lease agreement (annual operation distance x rental period) (Article 17 of the Terms and Conditions); (iii) if an administrative fine is imposed on the Plaintiff in relation to the use of the instant automobile after the Defendant’s receipt of the instant automobile, the Defendant would bear the charge (Article 17 of the Terms and Conditions); (iv) if the Defendant delayed the performance of its obligation to the Plaintiff pursuant to the instant contract, the Defendant would pay the damages for delay under the above interest rate of 40 x 40 km; and (iv) the calculation of damages for delay was made on 1 year and 365 x the amount of the instant automobile to be paid by the Defendant on 194 x 194 x 97 m of KRW 97 m of the instant lease at x 145 m of the instant lease.