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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 31,109,699 and its relation thereto shall be from July 21, 2014 to the Plaintiff.
Reasons
1. On December 20, 2012, the date of concluding the contract on the basis of the facts, the remaining value of KRW 18,661,00 for the monthly overdue interest rate of KRW 1,593,100 in the 36-month lease contract period of 36 months, each model name of the Craser model of the manufacturing company;
A. On December 20, 2012, the Plaintiff entered into a contract for facility leasing (hereinafter “instant lease contract”) with the Defendant with respect to the clurler 300C B vehicle (hereinafter “instant clur vehicle”) under the following terms and conditions as to the installment financing business, facility leasing business, etc.
B. The main contents of the instant lease agreement and the Plaintiff’s general terms and conditions of automobile lease are as follows.
[Lease Agreement] In applying for the lease of a motor vehicle to the plaintiff on the condition of the terms and conditions of the front agreement, the lessee and his/her joint guarantor confirm that the vehicle seller is the submission and agent of this agreement and required documents, and approve that the Plaintiff’s basic terms and conditions of credit transaction apply unless otherwise provided for in this agreement, and they undertake the following provisions:
Article 25 (Cancellation or Termination of Contract by Company) When a cause falling under any of the following subparagraphs occurs to a customer, the Plaintiff may cancel or terminate this contract and request the return of the vehicle, if the customer fails to perform his/her obligation within a reasonable period after demanding the customer to discharge his/her obligation, correct the defect, or correct the violation, or fails to correct the violation:
i. In the event that the Plaintiff is unable to perform the procedures for the calculation and settlement of special accounts due to the refund of the vehicle under Article 29 without any justifiable reason even once he/she violates the obligation to pay the lease fees, insurance premiums, etc. under this contract.