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(영문) 서울중앙지방법원 2015.12.04 2014가단257699
리스대금
Text

1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle indicated in the attachment;

B. 36,804,731 Won and its related thereto on December 6, 2014

Reasons

1. Basic facts

A. On July 31, 2013, the Plaintiff and the Defendant concluded a motor vehicle lease agreement with the Plaintiff stating that the Plaintiff shall pay rent of KRW 835,308 per month to the Plaintiff for 60 months.

(b) the vehicle price of the attached vehicle is KRW 43,600,000, the acquisition price is KRW 46,485,520, and the remaining value (based on the expiration of the scheduled lease period) is KRW 8,284,00.

When concluding the instant lease contract, the Defendant paid KRW 8,284,00 to the Plaintiff.

C. The main provisions of the terms and conditions applicable to the instant lease agreement are as follows. If any of the grounds set forth in Article 8(1) of the General Terms and Conditions for Credit Transactions occurs to a customer, a financial company may immediately terminate this agreement and claim the return of the motor vehicle without notice and peremptory notice.

(2) If the customer delays monthly rent more than two consecutive times, the financial company may terminate the contract after notifying the customer not later than three business days prior to the date on which the contract is terminated and claim the return of the motor vehicle. If the customer fails to notify the customer of the contract three business days prior to the date on which the contract is terminated, the date on which three business days after the date on which the actual notification is delivered shall be the date on which the contract is terminated.

(Article 20(2). Where a contract is terminated due to any reason set forth in Article 20, the customer shall pay the fees for early termination calculated by the formula of 35% (if he/she intends to return a motor vehicle on the ground of termination) and the fees for regulation loss (if he/she intends to purchase a motor vehicle on the ground of termination) calculated by multiplying the unpaid principal as of the date of termination by 110% of the stipulated damage rate (if he/she intends to purchase a motor vehicle on the ground of excessive termination).

(Articles 20(4), 24, and 25). A lease contract shall be terminated even if the lease contract is terminated on the grounds of section 20 or at the expiration of the period provided for in Article 22.

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