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The Defendant, as the Plaintiff
(a) deliver a motor vehicle listed in the separate sheet;
(b) 3,652,729 Won and 2,981,569 Won among them;
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice on the basis provisions (Article 208 (3) 3 of the Civil Procedure Act).
3. Comprehensively taking account of the purport of the entire pleadings as to the statement No. 1 of the part partially dismissed, the fact that the Plaintiff entered into a lease contract with C Co., Ltd. (hereinafter “Nonindicted Company”) with respect to automobiles listed in the separate sheet (hereinafter “instant automobiles”), the vehicle consumer price is KRW 32,690,000, and the rate of penalty for breach of contract is 39% of the vehicle consumer price (hereinafter “instant lease contract”).
The Plaintiff sought payment of penalty of KRW 12,749,100 (=32,690,000 x 39%) under the instant lease agreement to the Defendant on the ground that the Defendant, without succeeding to the lessee status under the instant lease agreement, was running the instant automobile, and thus, in full view of the purport of the pleadings as to the written evidence No. 8, it can be acknowledged that the Plaintiff is paying the lease fee, etc. under the instant lease agreement to the Nonparty Company every month. Thus, the instant lease agreement concluded with the Plaintiff is still valid, and there is no evidence to prove the fact that the Plaintiff sustained damages equivalent to the penalty for breach of contract under the instant lease agreement as of the date of closing argument.
In addition, there is no ground to view that the Defendant, under the instant lease agreement, concluded an agreement with the Plaintiff to succeed to the status of tenant under the instant lease agreement, and thus, the Plaintiff bears the obligation to pay the penalty under the instant lease agreement with the Nonparty Company.
Therefore, the Plaintiff’s claim for penalty of KRW 12,749,100 is without merit.
The Plaintiff sought payment of damages for delay from April 24, 2020, which was the date of filing the instant lawsuit against KRW 671,160, such as the above-paid rental fee for April 2020. However, the Plaintiff’s argument is all made in the statement in the evidence No. 8.