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(영문) 인천지방법원부천지원 2020.07.09 2019가단31674
리스대금
Text

The defendant shall pay to the plaintiff the amount of KRW 75,791,467 and the amount of KRW 72,325,557 from May 26, 2020 to the date of full payment.

Reasons

Facts of recognition

A. On August 30, 2018, the Plaintiff entered into a car lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the acquisition cost as KRW 166,909,473 with respect to a passenger car (hereinafter “instant vehicle”) as KRW 60,00,000, KRW 24% per annum, overdue interest rate per annum, and KRW 2,908,100 per month.

B. From August 21, 2019, the Defendant delayed the payment of rent under the instant lease agreement. Accordingly, the Defendant recovered the instant vehicle and accordingly, on May 20, 2020, the Defendant’s obligation owed by the Defendant as of May 20, 202 is KRW 2,040,870, total of KRW 75,791,467.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. According to the allegations and the above findings, the defendant has a duty to pay the plaintiff the unpaid rent of KRW 72,325,557, late interest of KRW 1,425,040, and KRW 2,040,870, including the legal measures cost, and overdue interest of KRW 75,791,467, barring any special circumstance.

On the other hand, the defendant asserts that C had to accept the defendant and completed the transfer contract, and that C had exclusively used the vehicle of this case, but C did not comply with the agreement on the transfer of the corporation, and that C has inevitably failed to pay the lease fee.

However, the circumstances alleged by the Defendant are merely issues between the Defendant and C, and the parties to the lease contract of this case agreed that the Defendant is not C but C and C will be fully responsible.

Even if such an agreement is valid in relation to the defendant, and the defendant cannot avoid the obligation to pay the plaintiff under the lease agreement of this case.

The defendant's assertion against this is not accepted.

Therefore, it is true.

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