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(영문) 서울중앙지방법원 2015.12.04 2015가단5008028

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 58,858,294 and KRW 46,970,927 from December 18, 2014 to the day of full payment.

Reasons

1. On October 25, 2013, the Defendant entered into an automobile operation lease agreement with the Plaintiff (hereinafter “instant lease agreement”) whereby the lease amount was KRW 56,607,360 on the benz vehicle (hereinafter “instant vehicle”), the lease period was 44 months, and the method of repayment was equal to the principal and interest.

The Defendant lost the interest under the instant lease agreement by failing to pay the principal and interest on at least two occasions, and the remaining principal and interest under the instant lease agreement as of November 18, 2014, including KRW 46,970,927, is KRW 58,858,294, including the remaining principal and interest.

[Grounds for Recognition: Entry in Evidence Nos. 1 to 4, and the purport of the whole pleadings]

2. According to the above facts, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remaining principal and interest of KRW 58,858,294 as well as the remaining principal and interest of KRW 46,970,927 as the base date for calculating the principal and interest, and as the Plaintiff seeks after the base date for calculating the above principal and interest, damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 18, 2014 to the day of full payment, as sought by the Plaintiff.

3. The defendant's defense is first of all, that the defendant entered into the lease contract of this case with the deception of the business members C of the automobile sales company B, and the plaintiff, a leasing company, knew or could have known of the deception of the above C. Since the defendant revoked the lease contract of this case, it is not possible to respond to the plaintiff's claim for the principal and interest based on the lease contract of this case. However, it is insufficient to find that the statement of evidence Nos. 1 through 2 alone is insufficient to recognize that the plaintiff knew or could have known of the plaintiff's deception and this, as alleged by the defendant, and there is no other evidence to support this otherwise,

Next, the Defendant did not endeavor to recover the instant vehicle and claimed the principal and interest under the instant lease agreement without seeking to do so.