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(영문) 서울남부지방법원 2018.10.16 2018가단216340
리스금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 59,086,035 and KRW 58,604,356 among them, from March 13, 2018 to the date of full payment.

Reasons

On November 22, 2016, the Defendant entered into a lease contract with the Plaintiff on November 2, 2016, setting the acquisition cost of KRW 74,880,00, interest rate of KRW 36 months, monthly rent of KRW 2,222,750, overdue interest rate of KRW 25%, overdue interest rate of KRW 110, and interest rate of the unpaid principal of the statutory damages (hereinafter “the lease contract in this case”). The contract was terminated on October 2, 2017 with the Defendant’s overdue interest rate of KRW 58,604,356, overdue interest rate of KRW 481,679, KRW 59,035 as of March 12, 2018, and the Defendant bears the obligation to pay the Plaintiff the interest rate of KRW 365,586,035,00 per annum from the date following the conclusion of the contract in this case, and thus, the Defendant can be found to have no dispute between the parties or have an obligation to pay the Plaintiff the interest rate of KRW 2536.585.

On September 14, 2017, the defendant alleged that he was the victim who forcibly taken advantage of or stolen the foregoing leased vehicle, and that he was obligated to pay the lease fee even in such a case. However, the defendant was forced to take advantage of or stolen the vehicle even if he was the victim.

As long as the Plaintiff did not perform his/her duty under the lease agreement of this case, the Plaintiff’s termination of the contract and the claim for payment of damages therefrom is justifiable.

As such, the defendant's argument is rejected.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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