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(영문) 서울중앙지방법원 2014.11.21 2014가단116033

사용료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

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

B. In the lease contract of this case, when the defendant violated the obligation to pay the lease fees, insurance premiums, etc. under this contract one time, the plaintiff may terminate this contract where the defendant has not performed such obligation even after the payment has been made for a considerable period of time (Article 20(4)2); when the contract has been terminated after the commencement of the lease period, the defendant shall immediately suspend the use and profit-making of the goods, return the goods to the place designated by the plaintiff without delay, provide all documents necessary for the registration of the goods, and pay damages under Article 18 of this contract to the plaintiff (Article 20(6)), and the damages under the provision of this contract shall be paid to the plaintiff (Article 20(6)), and the damages shall be calculated by adding the amount equivalent to 10% of the unpaid acquisition cost and the outstanding acquisition cost from the date of termination to the date of termination to the date of termination (Article 18(1)), and if the lease fee was overdue due to the date of termination, or the costs paid by the plaintiff to preserve claims and exercise rights under this contract, the term shall mean all of this provision.

(Article 18(2).

C. The Defendant’s delinquency in paying the lease fee was terminated on May 11, 2009, and the Plaintiff was based on March 29, 2013, which was following the maturity date of the instant lease contract.