(영문) 부산지방법원 2016.11.03 2016가단311236

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(영문) 부산지방법원 2016.11.03 2016가단311236

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1. The Defendant shall pay to the Plaintiff KRW 18,085,026 and the interest rate of KRW 24% per annum from April 28, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On February 21, 2014, the Plaintiff and the Defendant concluded an automobile lease agreement (hereinafter “instant lease agreement”) as follows.

Lease Objects: The lease period of KRW 76,869,610 for acquisition price of KRW 71,90,000 for AUDI A63.0: 60 months: the lease deposit amount of KRW 15,373,922: One time for repayment of KRW 1,219,710, and two times for 1,335,300 until 60 times: The interest rate of KRW 9.1473 per annum: 24% per annum.

B. From July 15, 2015, the Defendant delayed to pay the monthly payment of the instant lease agreement.

On September 7, 2015, the Plaintiff notified the Defendant of the loss of the benefit of time due to the delay in payment of monthly payment and the termination of the instant lease agreement.

C. On March 7, 2016, the Plaintiff filed a lawsuit against the Defendant on the claim for delivery of a motor vehicle, which is the object of the instant lease agreement, and received a decision to recommend a settlement from the Defendant, and confirmed on March 26, 2016.

(B) Busan District Court 2015Kadan236635). The Plaintiff was delivered the said automobile from the Defendant on April 25, 2016.

As of April 27, 2016, the settlement of accounts based on the lease agreement of this case remains 18,085,026 as follows:

B CD [Ground for recognition] without dispute, each entry (including paper numbers) in Gap evidence 1 to 8, the purport of the whole pleadings

2. According to the above facts of determination, since the lease contract of this case was terminated as the monthly payment of the defendant, the defendant is obligated to pay to the plaintiff the amount of 18,085,026 won under the lease contract of this case and damages for delay calculated at the rate of 24% per annum, which is the interest rate per annum, from April 28, 2016 to the date of full payment, from April 28, 2016 to the date of full payment.

3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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