(영문) 수원지방법원 2015.03.31 2014가단11532

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(영문) 수원지방법원 2015.03.31 2014가단11532

채무부존재확인

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1. The claims of the plaintiff (Counterclaim defendant) A and the plaintiff B are dismissed.

2. The plaintiff (Counterclaim defendant) A is about 48.48.

Reasons

1. Determination on the main claim

A. The plaintiffs asserted that the plaintiff A entered into a car rental contract with the defendant for three vehicles. The defendant did not notify the plaintiff A of the payment of the installment of the vehicle, and the contract for the car rental was terminated, and the defendant claimed that the plaintiff A pay the sum of 22,234,300 won of the unpaid installment and penalty.

However, the termination of the above car rental contract by the defendant is null and void since it is terminated without demanding the plaintiff A to pay a reasonable period of time.

Therefore, it is difficult to confirm that there is no obligation to pay KRW 22,234,30,00, such as penalty for breach of contract against the defendant following the termination of the above automobile rental contract.

B. We examine the judgment, and there is no evidence to acknowledge the plaintiffs' above assertion, and the plaintiffs' claim is without merit.

2. Determination on a counterclaim

A. The Defendant’s assertion (1): (a) around January 15, 2013, Plaintiff A concluded a monthly rental fee of KRW 531,00 with the Defendant (C); (b) from January 30, 2013 to January 29, 2016; and (c) from February 13, 2013 to February 13, 2013, the monthly rental fee of KRW 532,00; and (d) from March 16, 2013 to March 15, 2017; and (c) from March 25, 2013 to March 25, 2017, the Plaintiff concluded a lease agreement of each of the instant vehicles (E) with respect to the monthly rental fee of KRW 71,00,000; and (E) from May 2013 to May 37, 2013 to May 37, 2013 (hereinafter “the lease agreement”).

(2) The plaintiff A delayed the monthly rent and sent the plaintiff A a vehicle rental notice or peremptory notice, but the plaintiff A did not pay the monthly rent even after receiving the notice.

On October 31, 2013, the Defendant notified the Plaintiff A of the termination of each of the instant car rental contracts.

(3) Each of the instant car rental contracts was terminated on October 31, 2013, and the overdue rental fee incurred until termination, the returned land pension after termination, and the penalty for early termination.

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