(영문) 수원지방법원 2020.08.20 2019나87047

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(영문) 수원지방법원 2020.08.20 2019나87047

사용료

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On July 11, 2016, the Plaintiff entered into a contract for facility leasing (e.g., the term “e., the instant contract”) with the Defendant to set a rental rate of KRW 450,230 per month, the agreed period of 36 months, the overdue interest rate of 24%, and the Defendant to deliver the instant vehicle to the Defendant on July 18, 2016.

The main contents of the terms and conditions incorporated into the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 6 (Settlement of Rent and Compensation for Delay) (1) A vehicle rental fee shall be paid by a customer to the company on the designated date pursuant to the “payment method” as stated in the agreement or as guide by wire.

2. In the event that the customer delays the performance of the obligation to be borne by the Company under this contract, or pursuant to Article 17 of the Terms and Conditions of Goods, the customer shall pay to the Company damages for delay in accordance with the overdue interest rate stated in the agreement or notified by wire on behalf of the customer to the full payment date of the expenses paid by the Company for the customer, and the calculation of damages for delay shall be calculated on a daily basis, counting on the basis of one year and 36

Article 14 (Fees for Termination and Damages) (1) In the event that an automobile is returned for earlier termination under Articles 20 and 21 of the Products Terms and Conditions, the customer shall, without delay, pay to the Company the fees for earlier termination calculated by the following:

In cases where penalty or administrative fine, etc. is imposed on a company in connection with the use of a vehicle after the receipt of a customer's vehicle, the company shall pay such penalty or administrative fine to the relevant agency, and the customer shall be separately from the rent for the month to which the date of payment belongs, if the penalty or administrative fine is paid to the company in relation to the use of the vehicle.

유사 판례

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