자동차 인도 등
1. The Defendants shall deliver to the Plaintiff the vehicles listed in the separate sheet.
2. Defendant A is with the Plaintiff KRW 97,978,249.
1. Determination as to the cause of claim
A. (1) On November 28, 2014, the Plaintiff entered into a lease agreement for automobile facilities (hereinafter “instant lease agreement”) with Defendant A (hereinafter “instant automobile”) on the following terms and conditions as to the instant automobile indicated in the separate sheet (hereinafter “instant automobile”).
(1) Acquisition cost: 96,031,810 won, deposit money and residual value: 19,207,00 won: 36 months, monthly lease fee: 2,663,300 won, and overdue interest rate: 25% per annum: 25% per annum: Early termination fee = ( residual value of a vehicle) ¡¿ 45% per annum of early termination fee 】 customer of Article 13 of the Automobile Lease Clause shall not engage in any of the following acts without a prior written consent of a financial company:
1. Transfer of a customer’s right stated in the transfer, sub-lease or written agreement of a motor vehicle to a third party. (2) Where a customer delays monthly rent at least twice consecutively, a financial company may notify the customer of the fact of delay in the performance of an obligation and the termination of this agreement, and claim the return of the motor vehicle, at least three business days before the date of termination of the contract;
(2) From March 25, 2015, Defendant A delayed payment of monthly rent under the instant lease agreement, and following the Plaintiff’s notice of termination, Defendant A terminated the instant lease agreement on June 24, 2015.
(3) As of January 28, 2016 upon the termination of the instant lease contract, the provisions, losses, and damages for delay borne by Defendant A as of January 28, 2016 are KRW 97,978,249 (the principal is KRW 85,360,918).
(4) Meanwhile, Defendant B occupies the instant vehicle.
[Ground of Recognition] For Defendant A: Each entry in Gap evidence Nos. 1 through 7, as a whole, as to Defendant B’s purport of the entire pleadings: deemed confession (Article 150(3) of the Civil Procedure Act)
B. According to the above facts, since the lease contract of this case was terminated, the defendants deliver the motor vehicle of this case to the plaintiff, and the defendant A delivers the motor vehicle of this case to the plaintiff.