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(영문) 서울중앙지방법원 2018.09.11 2018나519
기타(금전)
Text

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. Basic facts

A. On August 17, 2016, an ALPHHA Operation Lease Agreement (hereinafter “instant operating lease agreement”) with the Plaintiff and the Defendant was formulated as follows.

Goods Information: The lease terms of KRW 60,50, annual 2016, annual 2016, vehicle price: 118,595,450, deposit amount of KRW 23,719,000, residual value of KRW 22,53,000, initial payment date of September 25, 2016; the lease fee of KRW 2,13,000, annual 13,080, annual overdue interest rate of KRW 24%; and the remaining lease fee of KRW 10,00 due to early termination of the lease period; the remainder of the lease period of KRW 22,53,00,000; the first payment date of Sep. 25, 2016; the lease fee of KRW 2,13,080; the overdue interest rate of KRW 24% per annum; and the remaining lease fee of KRW 10%

B. On August 17, 2016, B, an employee of the Plaintiff, sent a phone call to the Defendant and explained the content of the instant operating lease agreement to the Defendant, and confirmed that the customer’s signature and seal impression at the bottom of the contract was directly done by the Defendant.

C. As of January 25, 2017, when the monthly rent was overdue, the Plaintiff sent to the Defendant a notice of expected loss of benefit due to the overdue interest due to the delayed payment of the rent from January 25, 2017, on March 3, 2017.

After collecting the leased article in this case, the Plaintiff sold the said vehicle for public sale on March 9, 2017 and recovered KRW 74,917,000, and terminated the instant operational lease agreement on March 10, 2017. At the time of termination, the amount of termination settlement was KRW 29,523,291, and overdue interest until July 20, 2017 is KRW 2,951,17.

E. C, who was the husband of the Defendant, died on August 12, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 8, and 10, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, the instant operational lease agreement is based on the Defendant’s delinquency in payment of the lease fees.

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